Whether the 1 to 75 ratio for videos found in the commentary to U.S.S.G. § 2G2.2 is entitled to deference under Chevron, Federal-Express-Corporation-v-Holowechi, Kisor-v-Wilkie

QUESTION PRESENTED If commentary to the federal sentencing guidelines does not qualify for deference under Auer v. Robbins, 519 U.S. 452 (1997), it is invalid. Section 2G2.2 of the Sentencing Guidelines enhances the guideline range for possessors of child pornography based on the number of images they possess, but the Guideline commentary equates 1 video with 75 still images. Here, Mr. VanDyke’s guideline range was enhanced as if he possessed 600 or more images even though he only possessed fewer than 100 visual depictions of child pornography. Question Presented: Whether the 1 to 75 ratio for videos found in the commentary to U.S.S.G. § 2G2.2 is entitled to deference under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 104 S. Ct. 2778, 81 L. Ed. 2d 694 (1984), Federal Express Corporation v. Holowechi, 552 U.S. 389, 128 S. Ct. 1147, 170 L. Ed. 2d 10 (2008), and Kisor v. Wilkie, 588 U.S. 558, 139 S. Ct. 2400, 204 L. Ed. 2d 841 (2019)? i INTERESTED PARTIES Pursuant to Sup. Ct. R. 14.1(b)(), Mr. VanDyke submits that there are no