Does the statute of conviction or a drug quantity in the record determine eligibility for relief under Section 404 of the First Step Act?

Section 404 of the First Step Act made retroactive the Fair Sentencing Act of 2010’s changes to the cocaine -base drug -quantity thresholds in 21 U.S.C. § 841. The majority of the courts of appeals have concluded that eligibility for relief under Section 404 turns on the statute of conviction alone, regardless of the drug quantity involved in the offense. The Eleventh Circu it has held that a defendant is ineligible if a district court’s pre -Apprendi drug -quantity findings would yield the same statutory sentencing range before and after the Fair Sentencing Act’s changes. The panel below adopted the Eleventh Circuit’s minority view, at least in cases where a jury made a special finding regarding drug quantity. The question presented is: does the statute of conviction or a drug quantity in the record determine eligibility for relief under Section 404 of the First Step Act ?