Whether the 'clear and convincing evidence standard' should be used instead of the 'preponderance of evidence standard' when determining the relevant conduct in a First Step Act Reduction Motion under Sec. 404

QUESTION(S) PRESENTED 1. Whether the "clear and; convincing evidence standard" should be used instead of the wpreponderance of evidence standard" . ; when determining the revelant conduct in a First Step Act . Reduction Motion under Sec. 404? 2. Whether the Sixth Amendment protections for Effective Assisz. tance of Counsel are to be applied on the First Step Act ; Reduction Filings? , : : 3. Whether the Court should have Remanded for futher consideration : of the First Step Act Sec. 401 , 851 changes, seeing that the . Virginia prior used no longer qualifies today as a 851 predicate?