May district courts reduce the sentence of those convicted of covered and non-covered offenses under the First Step Act, when the offenses intertwined and were grouped at sentencing as part of the same sentencing package?

QUESTION PRESENTED This case presents a circuit split regarding statutory interpretation of the First Step Act on a common scenario facing federal courts nationwide. The Seventh Circuit conducted a plain reading of the statute to conclude individuals convicted of “o ” . . covered” and non-covered offenses may receive a sentence reduction when the offenses intertwine and were grouped at sentencing. Decisions of the Fourth and Sixth Circuits suggest agreement with this analysis, which is also supported by this Court’s plain reading of the First Step Act in related contexts. However, the Tenth Circuit reached the opposite conclusion—though without much textual analysis of the statute or explanation for creating the split—and has been joined on its side of the split by the Second and Eleventh Circuits. The question presented by this circuit split is therefore: May district courts reduce the sentence of those convicted of covered and non-covered offenses under the First Step Act, when the offenses intertwined and were grouped at sentencing as part of the same sentencing package? i