Whether the district court erred in denying the defendant's motion for a new trial based on a constructive amendment of the indictment

QUESTIONS: PRESENTEDI. | WHETHER THE DISTRICT COURT ERR IN DENYING McGOWAN’S MOTION FOR NEW TRIAL BASED ON CONSTRUCTIVE AMENDMENT OF THE INDICTMENT WHEN IT ALLOWED THE GOVERNMENT TO: INTRODUCE WIRETAP EVIDENCE FROM A 2013 HEROIN TRANSACTION, BETWEEN McGOWAN AND ONE OF HIS: COCONSPIRATORS, 18 MONTHS AFTER THE CONCLUDING DATE OF THE INDICTMENT ON OCTOBER 5, 2011? .-. I. | WHETHER McGOWAN IS ENTITLED TO RELIEF FROM HIS 280 MONTH SENTENCE BECAUSE SECTION 401 OF THE FIRST STEP ACT, ENACTED ON DECEMBER 21, 2018, REDUCED THE MANDATORY MINIMUM PENALTY UNDER SECTION 841(B)(1)(A) FROM 20 YEARS TO 15 YEARS FOR OFFENDERS WITH ONE PRIOR QUALIFYING DRUG CONVICTION? . Zz