Whether Section 403 of the First Step Act of 2018 applies to defendants whose convictions and sentences remain pending on direct review

QUESTIONS PRESENTED 1. Whether Section 403 of the First Step Act of 2018, which is expressly titled a “clarification” of the penalty provisions of 18 U.S.C. § 924(c)(1)(C), should apply to defendants who were sentenced before the enactment of the Act but whose convictions and sentences remain pending on direct review and, therefore, are not yet final. 2. Whether counsel violates a defendant’s right to autonomy when the defendant intends to contest all of the government’s evidence and counsel stipulates without his consent to a jurisdictional element of the offense.