Whether the First Step Act (FSA-2018) altered the statutes: 21 U.S.C. § 851 enhancement for prior drug convictions

QUESTION(S) PRESENTED — I. Whether the First Stép Act (FSA-2018) "“altered"the statutes: 21 U.S.G.§ also (C) for the prior drug convictions that qualified a notice §851 enhancement. Section 401, _ Title IV of above statutes; therefore, it is retroactively applying to cases on collateral reviews,:. is it correct? Il. Section 401, Title IV of FSA-2018 ended the mandatory life enhancement imposed on Petitioner who was classified to be a career offender by §851 application due to his two prior drug convictions and third drug conviction charged him under §841(a)(1) same; thus . Section 401 made it retroactively eligible for him under FSA-2018, not Section 404 which the U.S District Court relied upon and denied his §3582(c) petition, is that correct? ; TIl. Section 404, Title IV of FSA-2018 is retroactively applying to the Fair Sentencing Act of 2010 which previously was not. The ; statutory languages of both Sections 401 and 404 is clearly defined that Petitioner's case is retroactively eligible to apply a benefit from FSA-2018 under Section 401, not 404. Therefore, the U.S District erroneously applied Section 404 upon petitioner herein is not correct? PAGE 2 .