Cite as: 508 U. S. 36 (1993)
Opinion of the Court
though the indictment contained other counts, the District Court relied only upon the felon-in-possession offense in applying the career offender provision of the Guidelines. In accord with its conclusions, the District Court sentenced petitioner as a career offender.
On appeal, petitioner maintained his position that the offense relied upon by the District Court was not a crime of violence under USSG §§ 4B1.1 and 4B1.2(1). The Court of Appeals affirmed, holding that possession of a firearm by a felon was, as a categorical matter, a crime of violence. 943 F. 2d 1268, 1271-1273 (CA11 1991). After its decision, however, Amendment 433 to the Guidelines Manual, which added a sentence to the commentary to § 4B1.2, became effective. The new sentence stated that "[t]he term 'crime of violence' does not include the offense of unlawful possession of a firearm by a felon." 1 USSG App. C, p. 253 (Nov. 1992). See § 4B1.2, comment., n. 2. Petitioner sought rehearing, arguing that Amendment 433 should be given retroactive effect, but the Court of Appeals adhered to its earlier interpretation of "crime of violence" and denied the petition for rehearing in an opinion. 957 F. 2d 813 (CA11 1992) (per curiam).
Rather than considering whether the amendment should be given retroactive application, the Court of Appeals held that commentary to the Guidelines, though "persuasive," is of only "limited authority" and not "binding" on the federal courts. Id., at 815. It rested this conclusion on the fact
1 Amendment 433 was contrary to a substantial body of Circuit precedent holding that the felon-in-possession offense constituted a crime of violence in at least some circumstances. See, e. g., United States v. Williams, 892 F. 2d 296, 304 (CA3 1989), cert. denied, 496 U. S. 939 (1990); United States v. Goodman, 914 F. 2d 696, 698-699 (CA5 1990); United States v. Alvarez, 914 F. 2d 915, 917-919 (CA7 1990), cert. denied, 500 U. S. 934 (1991); United States v. Cornelius, 931 F. 2d 490, 492-493 (CA8 1991); United States v. O'Neal, 937 F. 2d 1369, 1374-1375 (CA9 1990); United States v. Walker, 930 F. 2d 789, 793-795 (CA10 1991); 943 F. 2d 1268, 1271- 1273 (CA11 1991) (case below).
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