Whether the Supreme Court's Kisor v. Wilkie holding supports treating Sentencing Guidelines as agency rules requiring traditional statutory interpretation, and whether Erlinger and the Fifth and Sixth Amendments prohibit sentence enhancement based on judicial factfinding of a defendant's pattern or practice

QUESTIONS PRESENTED 1. Whether this court’s holding in Kisor v. Wilkie, 588 U.S. 558 (2019), supports the court of appeals’ determination that the Sentencing Guidelines are an agency rule, and if so, does this require a sentencing court to apply traditional rules of statutory interpretation including the context of the sentencing provision. 2. Whether Erlinger v. United States, 602 U.S. 821 (2024) and the Fifth and Sixth Amendments to the United States Constitution prohibit a sentencing court from enhancing a defendant’s sentence premised on judicial factfinding that a defendant’s conduct amounted to a pattern or practice under U.S.S.G. §4B1.5. ii