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?

QUESTION PRESENTED 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? i