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Case 1:20-cr-00330-PAE Document 662 Filed 06/15/22 Page 18 of 29 not. The government ignores the background commentary to § 4B1.5, which explicitly states that the adjustment only applies to sex offenders “who present a continuing danger to the public.” USSG § 4B1.5, cmt. background (emphasis added). In doing so, the government rejects an authoritative statement from the Sentencing Commission about the proper interpretation and application of § 4B1.5. See Stinson v. United States, 508 U.S. 36, 38 (1993) (“[C]ommentary in the Guidelines Manual that interprets or explains a guideline is authoritative unless it violates the Constitution or a federal statute, or is inconsistent with, or a plainly erroneous reading of, that guideline.”). The government is not at liberty to reject the Sentencing Commission’s instructions, and neither is the Court. Applying § 4B1.5 to Ms. Maxwell would directly contradict the intent of Congress and the explicit instructions of the Sentencing Commission and would improperly add over 10 years to her sentencing range. It was not meant to be applied in cases where the defendant is not a danger to the community and poses no risk of recidivism. It should not be applied here. B. Applying § 4B1.5 Would Lead to Absurd Results. Applying § 4B1.5 would also yield a sentencing range for Ms. Maxwell that is significantly higher than the range for a proven recidivist sex offender — i.e., the type of defendant that Congress and the Sentencing Commission were so clearly targeting with § 4B1.5. The Court should not interpret a guideline in such a way that it would lead to such obviously absurd results. See United States v. Pope, 554 F.3d 240, 246 (2d Cir. 2009). Section 4B1.5 contains two prongs — one that applies to defendants who have been convicted of at least one prior sex offense (USSG § 4B1.5(a)) and one that applies to defendants who have not been convicted of a prior sex offense (USSG § 4B1.5(b)). As discussed above, the purpose of the Act and § 4B1.5 was to increase the sentences given to repeat sex offenders. It follows that convicted sex offenders who re-offend after being released from prison should 14 DOJ-OGR-00010435