I. Whether "statutory penalties" in § 404(a) of the First Step Act modifies the entire phrase – "a violation of a Federal criminal statute" – as the Eleventh Circuit held below, or whether that phrase instead modifies the last antecedent – "a Federal criminal statute" – as every other Circuit has held?
II. Whether, as the Eleventh Circuit held below (in conflict with other Circuits), § 404(b) binds a district court to drug-found quantities made at a pre-Apprendi sentencing hearing when determining a defendant's statutory penalty range for purposes of § 404?
III. Should this Court grant, vacate, and remand to the Eleventh Circuit to reconsider Mr. Jones's appeal in light of United States v. Taylor, __ F.3d __, 2020 WL 7239632 (11th Cir. Dec. 9, 2020)?
Whether the statutory penalties in § 404(a) of the First Step Act modify the entire phrase — 'a violation of a Federal criminal statute' — or whether that phrase instead modifies the last antecedent — 'a Federal criminal statute