Viengxay Chantharath v. United States
SocialSecurity Securities Immigration
Whether the First Step Act (FSA-2018) "altered "the statutes:
21 U.S.C.§ 841(a) (1)(b)(1) (A)-(B) also (C) for the prior drugI.
con
victions that qualified a notice §851 enhancement. Section 401 ,
Title IV of above statutes; therefore,
it is retroactively applying to cases on collateral reviews,;, is it
correct?
Section 401, Title IV of FSA-2018 ended the mandatory life
enhancement imposed on Petitioner who was classified to be a career
offender by §851 application due to his two prior drug convictions
and third drug conviction charged him under §841(a)(l) same; thus
Section 401 made it retroactively eligible for him under FSA-2018,
not Section 404 which the U.S District Court relied upon and denied
his §3582(c) petition, is that correct?
II.
III. Section 404, Title IV of FSA-2018 is retroactively applying
to the Fair Sentencing Act of 2010 which previously was not. The
statutory languages of both Sections 401 and 404 is clearly defined
that Petitioner's case is retroactively eligible to apply a benefit
from FSA-2018 under Section 401, not 404. Therefore, the U.S District
erroneously applied Section 404 upon petitioner herein is not correct?
Whether the First Step Act (FSA-2018) altered the statutes: 21 U.S.C. § 851 enhancement for prior drug convictions