United States v. Jamell Birt, 966 F.3d 257

In 2001 Jamell Birt was prosecuted federally for possession with intent to distribute crack cocaine after police found 186.5 grams; his plea and PSR treated the offense as subject to the § 841(b)(1)(C) statutory maximum of 20 years, and the district court imposed the 240‑month statutory maximum (later reduced under Guideline Amendment 750 to 210 months).
The Fair Sentencing Act of 2010 raised the crack thresholds in 21 U.S.C. § 841(b)(1)(A) and (B) (50→280 grams; 5→28 grams) but left § 841(b)(1)(C) (unspecified quantity; max 20 years) textually unchanged.
The First Step Act § 404 permits courts to reduce sentences for a "covered offense," defined as a federal offense whose statutory penalties were modified by sections 2 or 3 of the Fair Sentencing Act and committed before Aug. 3, 2010.
Birt moved for resentencing under § 404; the government initially conceded but later withdrew; the district court denied relief, concluding Birt’s conviction was not a "covered offense."
The Third Circuit reviews the legal question de novo and framed the core issues as (1) which statutory provision defines the offense of conviction (§ 841(a) alone versus § 841(a) + a § 841(b) subsection) and (2) whether § 841(b)(1)(C) was "modified" by the Fair Sentencing Act.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Which statutory provision defines the crime of conviction for First Step Act purposes?	Birt: the statute of conviction is § 841(a)(1) alone, so changes to § 841(b) make his offense "covered."	Court/Govt: crime is § 841(a)(1) together with the applicable § 841(b) subsection; Alleyne makes quantity‑based penalty facts elements of the offense.	Held: offense is § 841(a)(1) + § 841(b)(1)(C); Alleyne requires treating the § 841(b) subsections as defining distinct offenses.
Was § 841(b)(1)(C) "modified" by the Fair Sentencing Act?	Birt: (C) was effectively modified because changing the A/B quantity thresholds altered when (C) applies.	Court/Govt: (C)'s text and concrete statutory penalty range (0–20 years) were unchanged; no defendant sentenced under (C) faced a different statutory penalty.	Held: § 841(b)(1)(C) was not modified; convictions under it are not "covered offenses" and are ineligible for § 404 relief.

Alleyne v. United States, 570 U.S. 99 (U.S. 2013) (any fact that increases prescribed penalty is an element of the offense)
Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (facts increasing penalty must be found beyond a reasonable doubt)
Dorsey v. United States, 567 U.S. 260 (U.S. 2012) (describing Fair Sentencing Act increases to crack quantity thresholds)
United States v. Smith, 954 F.3d 446 (1st Cir. 2020) (concluding § 841 or § 841(a) can be read as statute of conviction for First Step Act)
United States v. Williams, 402 F. Supp. 3d 442 (N.D. Ill. 2019) (observing § 841(b)(1)(A), (B), and (C) function as distinct crimes)
United States v. Shaw, 957 F.3d 734 (7th Cir. 2020) (holding defendants convicted under (A) or (B) may seek First Step Act relief)