Does Section 404 of the First Step Act authorize district courts to impose a reduced sentence for both crack-cocaine offenses and related offenses that are part of the same overall sentence package?

QUESTION PRESENTED Section 404(b) of the First Step Act of 2018 gives district courts the authority to “impose a reduced sentence” for defendants convicted of “covered” crack-cocaine offenses. In Concepcion v. United States, this Court held that “[t]he only two limitations on district courts’ discretion” to impose a reduced sentence “appear in § 404(c)” of that Act. 142 S. Ct. 2389, 2401 (2022). Congress did not “hide” any such limit “outside of § 404(c).” Id. at 2402. When Petitioner sought relief under the First Step Act, he was serving concurrent, identical sentences for “covered” crack-cocaine offenses and related powdercocaine offenses. Nothing in § 404(c) of the First Step Act makes Petitioner ineligible for a reduced sentence, and the District Court imposed a sentence of “time served” for the crack-cocaine offenses. Yet the Eleventh Circuit held that § 404(b) bars the District Court from imposing a reduced sentence for Petitioner’s related powder-cocaine offenses. That squarely conflicts with the Seventh Circuit’s holding that when a defendant has a covered offense, a court may grant relief on “non-covered offenses that are grouped with the covered offenses to produce the aggregate sentence.” United States v. Hudson, 967 F.3d 605, 610 (7th Cir. 2020). The question presented is: Does § 404 of the First Step Act authorize district courts to impose a reduced sentence for both crack-cocaine offenses and related offenses that are part of the same overall sentence package?