Do the sentencing reforms in Section 403 of the First Step Act apply when a district court sentences an individual whose offense was committed before the Act's effective date but whose initial sentence was vacated afterwards?

QUESTION PRESENTED Two provisions of the First Step Act (Sections 401 and 403) significantly reduce mandatory minimum sentences for certain federal firearm and drug offenses. First Step Act of 2018, Pub. L. No. 115-391, §§ 401, 403, 132 Stat. 5194, 5220-22 (FSA). These reduced minimums apply to all offenses committed after December 21, 2018, the Act’s date of enactment. As relevant here, they also apply to “any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.” FSA §§ 401(c), 403(b). The question presented here is: Do the sentencing reforms in Section 403 of the First Step Act apply when a district court sentences an individual whose offense was committed before the Act’s effective date but whose initial sentence was vacated afterwards?