The Fair Sentencing Act did not modify the statutory penalties for Terry's 21 U.S.C. § 841(b)(1)(C) offense, so it was not a covered offense under First Step Act § 404.
Material limitation
The holding turns on the statutory penalties for the offense of conviction. It does not itself resolve multi-count sentencing packages or every offense affected by Fair Sentencing Act §§ 2 and 3.