From the Summary: "The full United States Court of Appeals for the Sixth Circuit (Sixth Circuit) (sitting en banc), in 'United States v. Havis,' recently held that prior attempt convictions do not warrant a felon-in-possession-of-a-firearm sentencing enhancement. Ordinarily binding commentary included in the U.S. Sentencing Commission's sentencing guidelines would require enhancement for prior attempt convictions. A number of other federal appellate courts, including the U.S. Court of Appeals for the Eleventh Circuit in 2017, have deferred to the Sentencing Commission's interpretation. The Sixth Circuit, however, concluded that the commentary is not entitled to deference because it conflicts with the text of the guideline."
CRS Legal Sidebar, LSB10312
Congressional Research Service: https://crsreports.congress.gov/