I. Whether the First Circuit 's refusal to grant a
sentence reduction under the First Step Act,
despite intervening changes in sentencing law,
conflicts with the Supreme Court 's ruling in
Concevcion v. United States. 142 S. Ct. 2389 (2022),
which requires courts to consider all relevant
factors, including recalibrated Sentencing
Guidelines, when deciding motions for sentence
reduction, and whether the First Circuit failure
to apply this precedent during both the direct
appeal and en banc rehearing, requires the
Judgment be vacated, and the case be remanded
to the United States Court of Appeals for the Fisrt
Circuit in further consideration in light of
Concepcion v. United States . 142 S. Ct. 2389 (2022).

II. Whether the First Circuit committed a legal error
by failing to recognize that 21 U.S.C. §
841(b)(1)(B), the applicable statutory provision
for Mr. Ayala-Vazquez 's offense involving 50
grams of crack cocaine, mandates a sentencing
range of 5 to 40 years, and whether the imposition
of a life sentence exceeded the statutory
maximum, thus requiring modification under the
First Step Act. Further, whether the appellate
court improperly allowed the district court to
rely on a superseding indictment that amended
the drug quantities without a grand jury 's input,
in violation of constitutional requirements.

Whether the First Circuit improperly refused to grant a sentence reduction under the First Step Act and failed to apply Concepcion v. United States precedent regarding sentencing guidelines recalibration