Whether the definition of 'felony drug offense' for the purposes of 21 U.S.C. §851 is void for vagueness

QUESTIONS PRESENTED I. Whether the definition of “felony drug offense” for the purposes of 21 U.S.C. §851 is void for vagueness after Johnson, Dimaya, and Davis. I. Whether a defendant should be penalized — by the imposition of the plain error standard of review on appeal — where he failed to assert his §851 rights, if the court never informed him of those rights SPLIT IN CIRCUITS. II. Whether, assuming arguendo that the prior “felony drug offense” definition is not void for vagueness, Petitioner is nonetheless entitled to resentencing due to the court’s failure to abide by the dictates of §851(b). IV. Whether the inclusion of a juror who did not live in the judicial district or state where the offense occurred violated Petitioner’s statutory and Sixth Amendment rights. IV. Whether the use of Petitioner’s prior conviction to increase the mandatory minimum sentence violated the Fifth and Sixth Amendments, where the indictment did not allege the prior conviction and the jury did not find it beyond a reasonable doubt. VI. Whether Petitioner had been ‘sentenced’ within the meaning of the First Step Act before the appeals court affirmed his sentence. -2