On December 16, 2002 Attorney General Merrick Garland issued a memorandum, which directed prosecutors to charge "pertinent statutory quantities that apply to powder cocaine" when pursuing crack cases and to "advocate for a sentence consistent with powder cocaine rather than crack cocaine" Is a defendant sentenced under the crack cocaine sentencing guidelines, just prior to the issuance of the Garland memorandum, entitled to a remand of his sentence for resentencing under the Garland memorandum?

Whether a defendant sentenced under pre-Garland memorandum crack cocaine sentencing guidelines is entitled to a remand for resentencing