Whether the ameliorative sentencing provisions of the First Step Act apply to defendants who were initially sentenced pre-First Step Act, but whose sentences have been reversed and remanded for resentencing post-First Step Act?

QUESTION PRESENTED On December 21, 2018, the First Step Act of 2018 was enacted. The Act clarified that “second or subsequent” convictions under 18 U.S.C. § 924(¢)\—which carry enhanced, stacked sentences—apply only after a prior conviction has become final. Pub. L. No. 115-391, § 403. Section 403 of the First Step Act applies “if a sentence for the offense has not been imposed as of such date of enactment.” Id. at 403(b). The question presented is: Whether the ameliorative sentencing provisions of the First Step Act apply to defendants who were initially sentenced pre-First Step Act, but whose sentences have been reversed and remanded for resentencing post-First Step Act?