What the district court may appropriately consider when imposing a reduced sentence pursuant to § 404 of the First Step Act of 2018 remains an unsettled question of law

QUESTION PRESENTED FOR REVIEW What the district court may appropriately consider when imposing a reduced sentence pursuant to § 404 of the First Step Act of 2018 remains an unsettled question of law. The circuits are in conflict over the degree of discretion district courts have when resenting an otherwise eligible defendant pursuant to § 404 of the First Step Act. Specifically, whether § 404 precludes a district court from considering, and applying, the reduced penalties in § 401 of the First Step Act to both covered and non-covered offenses. Four Circuits have adopted a narrow interpretation of the First Step Act, and have determined that otherwise eligible defendant may not avail themselves of legal developments that, if applied to them, would markedly reduce their sentences. At least Three Circuits have adopted a broader interpretation of the First Step Act, and have determined that otherwise eligible defendants may avail themselves of legal developments that, if applied to them, would markedly reduce their sentences ; INTERESTED PARTIES There are no