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QUESTIONS PRESENTED FOR REVIEW QUESTION NO. 1 A SPLIT EXISTS IN THE COURTS OF APPEALS REGARDING THE GRANTING BUYER-SELLER INSTRUCTION IN THE TRIAL OF FEDERAL CONSPIRACY AND DISTRIBUTION CASES. Authorities: United States v. Conway, 754 F.3d 580, 591-92 (8 Cir. 2014) United States v. Boykin, 794 F.3d 939, 948-49 (8" Cir. 2015) United States v. Cruse, 805 F.3d 795, 814-17 (7 Cir. 2015) QUESTION NO. 2 BRIEF POINT IV PETITIONER’S IOWA DRUG CONVICTIONS DOES NOT QUALIFY AS A “SERIOUS DRUG FELONY” UNDER AS USED IN § 841(b)(1)(B) FOR IMPOSITON OF A MANDATORY MINIMUM SENTENCE OF 120 MONTHS. IDENTIFICATION OF THE PARTIES The Petitioner is DAERON JOHNSON MERRETT. Petitioner is in the custody of the U.S. Bureau of Prisons from sentences of imposed in U.S. District Court in the Southern District of Iowa for a total sentence of 180 months on multiple federal offenses. The Respondent is the United States of America. On direct appeal, the Eighth Circuit Court of Appeals affirmed Petitioner’s convictions and sentences on August 16, 2021. 1 LIST OF ALL PROCEEDINGS U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA On January 30, 2020, in the Southern District of lowa, Case No. SDI No. 4:19cr-00061, Daeron Johnson Merrett was convicted by jury in Count 1 — Conspiracy to Distribute 500 Grams or More of a Mixture and Substance Containing Cocaine, from approximately October 2018, until March 27, 2019, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), 846, 851; Counts 2, 3, 4 5-9, 10 — Distribution of a controlled substance on specific dates, and Count 12 Felon in Possession of a Firearm, on or about March 27, 2019, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). Mr. Merrett was found not guilty of Count 11 — Possession of a Firearm in Furtherance of a Drug Trafficking Crime, on or about March 27, 2019. A timely Notice of Appeal was filed on August 27, 2020. EIGHTH CIRCUIT COURT OF APPEALS On August 16, 2021, the Eighth Circuit Court of Appeals affirmed Petitioner’s convictions in Eighth Circuit Case No 20-2801. OPINION BY THE EIGHTH CIRCUIT COURT OF APPEALS The opinion entered by the Eighth Circuit Court of Appeals is attached in the Petitioner’s