1. Whether the Sentencing Guidelines ' commentary promulgated
without notice-and-comment rulemaking retains binding
authority after Loper Light Enterprises v. Raimondo, 603
U.S. 369 (2024), which repudiated deference to agencies'
statutory interpretations, and Kisor v. Wilkie, 588 U.S.
558 (2019), which narrowed deference to agencies' regulatory
interpretations.

2. Whether the definition of "loss" in the commentary to the
U.S.S.G. § 2B1.1(b)(1), which expands the term to include
"intended loss," exceeds the Sentencing Commission's
authority under 28 U.S.C. § 994(a) and violates the
seperation of powers by effectively amending the guidelines
without congressional; or judical approval.

Whether the Sentencing Guidelines' commentary promulgated without notice-and-comment rulemaking retains binding authority after recent Supreme Court precedent limiting agency deference