Whether the 'as if' language in Section 404(b) of the First Step Act requires a sentencing court to disregard intervening, but well-established constitutional precedent (i.e., Apprendi v. New Jersey, 530 U.S. 466 (2000)), in determining the revised statutory penalties for a 'covered offense'

QUESTION PRESENTED Section 404(b) of the First Step Act of 2018 provides, in relevant part: A court that imposed a sentence for a covered offense may ... impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 ... were in effect at the time the covered offense was committed. The question presented is: Whether the “as if” language in Section 404(b) of the First Step Act requires a sentencing court to disregard intervening, but well-established constitutional precedent (i.e., Apprendi v. New Jersey, 530 U.S. 466 (2000)), in determining the revised statutory penalties for a “covered offense”.1 1 This question is similar, but not identical, to the question before the Court in Concepcion v. United States, 2021 WL 4464217 (U.S. Sept. 30, 2021) (No. 20-1650) (granting certiorari to resolve: “Whether, when deciding if it should ‘impose a reduced sentence’ on an individual under Section 404(b) of the First Step Act of 2018 ... a district court must or may consider intervening legal and factual developments.”). i INTERESTED PARTIES Pursuant to Sup. Ct. R. 14.1(b)G), Mr. Jackson submits that there are no