Fabian Sandoval-Ramos v. United States
SocialSecurity Securities Immigration
In order to trigger a mandatory minimum sentence, must the government allege and prove that an enhancement factor was the object of the conspiracy, or can the government simply allege and prove the occurrence of an enhancement factor?
QUESTION PRESENTED 21 U.S.C. § 846 provides: “Any person who attempts or conspires to commit any offense defined in this subchapter [involving controlled substances] shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.” 21 U.S.C. § 841 prescribes a number of mandatory minimum sentences that must be imposed upon conviction of a substantive crime involving certain quantities of a controlled substance or when death results from the use of that controlled substance. The question presented is: In order to trigger a mandatory minimum sentence, must the government allege and prove that an enhancement factor was the object of the conspiracy, or can the government simply allege and prove the occurrence of an enhancement factor?