A. Resolving the issue explicitly left open by this Court in McNeil v. United States, 563 U.S. 816 (2011): Whether it violates the United States Constitution as well as the principles of comity and federalism to treat a prior state drug conviction that is explicitly a misdemeanor under state law as a felony for purposes of federal sentencing enhancement?

B. Whether 21 U.S.C. § 851 should be construed to allow the government to double a defendant's mandatory minimum sentence by proceeding on an §851 information that is not actually on file or in effect at the time of the defendant's plea or trial?

Whether it violates the United States Constitution as well as the principles of comity and federalism to treat a prior state drug conviction that is explicitly a misdemeanor under state law as a felony for purposes of federal sentencing enhancement?