Whether retroactive changes in the law unrelated to the Fair Sentencing Act must be corrected in a First Step Act proceeding?

QUESTION PRESENTED In Concepcion v. United States, 142 S. Ct. 2389, 2404 (2022), this Court held district courts may “consider intervening changes of law or fact in exercising their discretion to reduce a sentence pursuant to” § 404(b) of the First Step Act of 2018, Pub. L. 115-391, 132 Stat. 5222. This Court further stated district courts “cannot, however, recalculate a movant’s benchmark Guidelines range in any way other than to reflect the retroactive application of the Fair Sentencing Act” of 2010, Pub. L. 111-220, 124 Stat. 2372, before “then consider[ing] postsentencing conduct or nonretroactive changes” in the law. Concepcion, 142 S. Ct. at 2402 n.6. Concepcion did not address whether other retroactive changes in the law must be corrected in a First Step Act proceeding. Yet the Fourth Circuit below found that not only did Concepcion make that holding, Concepcion abrogated prior circuit precedent which concluded that all retroactive changes in the law must be corrected. App. 5A-7A. Those conclusions were wrong. The question presented is: Whether retroactive changes in the law unrelated to the Fair Sentencing Act must be corrected in a First Step Act proceeding? i