Whether the judgment should be vacated and the case remanded to the Second Circuit for consideration of whether § 403 of the First Step Act of 2018 applies to cases that were pending on direct appeal at the time the Act was signed into law

QUESTION PRESENTED Petitioner was convicted of three 18 U.S.C. § 924(c) offenses in a single proceeding and was sentenced to enhanced minimum penalties under § 924(c)(1)(C)(j) for two of those offenses. While his direct appeal was pending, the First Step Act of 2018, Pub. L. No. 115-891 (2018) (“the Act”), was signed into law. Pursuant to § 403 of the Act, those enhanced minimum penalties would not apply to petitioner — resulting in a 30-year reduction in the minimum sentence the court could impose. The question presented is whether the judgment should be vacated and the case remanded to the Second Circuit for consideration of whether § 403 of the Act applies to cases that were pending on direct appeal at the time the Act was signed into law. 1