Whether a defendant convicted of a drug distribution conspiracy involving multiple controlled substances is eligible for a sentence reduction under the Fair Sentencing Act of 2010

QUESTIONS PRESENTED This case involves a multi-count indictment that charged a drug distribution conspiracy in violation of 21 U.S.C. 846, involving 50 kilograms of cocaine and 50 grams of cocaine base, where the was found guilty by a jury and sentenced (in 1992) to a Guideline term of Life imprisonment based on drug quantities found by the court at sentencing. Because this was a "covered offense" under Section 404 of the First Step Act of 2018, which ‘made the Fair Sentencing Act of 2010 retroactive, the Petitioner sought a sentence reduction by filing a pro se motion under 18 U.S.C. 3582(c). The questions presented are: 1.Whether a Defendant convicted by a jury of a drug distribution conspiracy involving multiple controlled substances, whose sentence has never been reduced, was eligible for a reduction under the Fair Sentencing Act of 2010, which was made retroactive by the First Step Act of 2018; and if so, because that single conspiracy count involves multiple statutory ranges, whether the Defendant must be re-sentenced to the lowest of those multiple statutory ranges. t 2 2.Whether, ultimately, it is the Defendant's relevant conduct (drug quantity attributed to him), or the statute of conviction that controls his eligibility under the Fair Sentencing Act of 2010; and if | | it is the latter and a resentencing is required, because the drugs attributed to him were found by the court, and not the jury, whether Apprendi and Alleyne are imaplicated. : ‘