Whether the sentence enhancements for prior felony drug convictions apply to state felony convictions that have been recalled and resentenced as misdemeanors prior to federal sentencing

QUESTIONS PRESENTED IL. In August 2013, petitioner was indicted in federal court, in part, on charges of conspiring to distribute controlled substances. Petitioner was alleged to have suffered two prior felony drug convictions in California within the meaning of Title 21 U.S.C. §841(b)(1)(A) iii), exposing him to a mandatory minimum life sentence. In November 2014, the California voters passed Proposition 47, which enacted Penal Code section 1170.18. Under this section, individuals convicted of certain felony drug offenses could petition to have their convictions reclassified as misdemeanors for “all purposes.” In January and March 2016, petitioner’s prior felony convictions were reclassified as misdemeanors in state court. In July 2016, petitioner was convicted of drug conspiracy. He argued that his prior state convictions should not subject him to a sentence enhancement under section 841(b)(1)(A)(viii) now that his prior felonies had been “recalled and resentenced” as misdemeanors for “all purposes.” The district court found that it was bound to impose the enhancement under United States v. Diaz, 838 F.3d 968 (9th Cir. 2016), irrespective of the retroactive change in classification of the state priors. The court of appeals affirmed on appeal. This case therefore presents the following issue: Whether the sentence enhancements for prior felony drug convictions apply to state felony convictions that have been recalled and resentenced as misdemeanors prior to federal sentencing. Il. Whether an individual co-conspirator convicted under 21 U.S.C. §846 is liable only for the type and quantity of drugs that was reasonably foreseeable to him, and not for the entire amount involved in the full conspiracy i