Whether a cell phone is a 'tracking device' under 18 U.S.C. § 3117(b)

QUESTIONS PRESENTED I. Whether a cell phone, when used by law enforcement to obtain “precise location information,” is a “tracking device” under 18 U.S.C. § 31170). II. Whether the First Step Act’s change of the threshold necessary in order for a prior conviction to count for purposes of the repeat offender mandatory minimum from a prior “felony drug offense” to a prior “serious drug felony” in 21 U.S.C. § 841(b)(1)(B) applies to defendants who were sentenced prior to its enactment but whose cases remain pending on direct review. (i)