On December 21, 2018, President Trump signed into law the First Step Act of 2018 which dramatically changes the penalties imposed for gun-related crimes under 18 U.S.C. § 924(c). At issue herein is whether Section 403 of the First Step Act of 2018, which is expressly titled a "clarification" of the penalty provisions of § 924(c), should apply to defendants, like the instant Petitioner Frank Richardson, who was sentenced before the enactment of the First Step Act of 2018 but whose convictions and sentences remain pending on direct review and, therefore, are not yet final.

Whether Section 403 of the First Step Act of 2018 applies to defendants whose convictions and sentences remain pending on direct review