Whether the First Step Act (FSA) of 2018 allows a district court to review non-covered offenses in an aggregate sentencing package

QUESTIONS PRESENTED : I. Whether the First Step Act CFSA) of 2018, under § 404 of the act, when a district court . : finds a defendant has a "covered offense" making:. Sot him/her eligible for a discretionary modification : of that sentence, is the district court authorized , to review "non-covered" offenses that are part ’ of an aggregate sentencing package under the U.S. Sentencing Guidelines for a potential : discretionary modification of all -sentences, . : imposed in that aggregate sentencing package? 2. Whether a district court, when considering pm nee a FSA motion and finds a defendant has.a potential . ay discretionary modification of the sentence . ' associated with that offense, has the:authority..1! — te and potentially an obligation to consider: all. “ cee factors under 18 U.S.C. § 3553Ca), incduding but i .. °° : not limited to, favorabie changes in evolving ren caselaw decisions, favorable amendments:-and/or — ml, clarifications of the U.S. Sentencing Guidelines, . Tye ea Ge and a defendant's post-sentencing conduct, -in --« -a 5 > arriving at a decision whether’ to impose.a wos . “ modified sentence? fae ce eos” 3. Whether a district court, when considering 7. . a FSA motion and finds a defendant has a "covered -: . offense" making him/her eligible for a potential: '$' « ' discretionary modification of the ~sentence(s): rol ste 5 : , associated with that offense, has the: authority:.: . -#: 6 Eon, and potentially an obligation to ensure that-the'-teers nt gee original, or a new, U.S. Sentencing Guidedines calculation was/is correct for the’ “covered :offense" and all "non-covered" offenses: that «1 meet eg together form an aggregate sentencing package? . . : 4, Whether a district court, when considering fr a.FSA motion and finds a defendant has a "covered" ..(as fe offense" making him/her eligible for a potential ‘ discretionary modification of the sentence(s), suilifccund o. . associated with that offense, has an obligation, :an sor pursuant to this Court's decision in Molinamo . Martinez v. United States, 136 S. Ct. 1358 (2016), +" 2 °. . © to correct any U.S. Sentencing Guidelines errors ‘ : in an original, or in a new, calculation of a : guidelines sentencing range? wth tat rer 7 ~j; \ —— .: