Fernando Castillo-Quintanilla v. United States
DueProcess JusticiabilityDoctri
Whether the 'knowingly or intentionally' mens rea in 21 U.S.C. §§ 841(a) and 960(a) applies to the offense elements of drug type and drug quantity in 21 U.S.C. §§ 841(b) and 960(b)
QUESTIONS PRESENTED IL In light of Flores-Figueroa v. United States, 556 U.S. 646 (2009), does the “knowingly or intentionally” mens rea contained in 21 U.S.C. §§ 841(a) and 960(a) apply to the offense elements of drug type and drug quantity found in 21 U.S.C. §§ 841(b) and 960(b)? IL In light of the “aggravated offenses” created by the severe mandatory minimum prison sentences in 21 U.S.C. §§ 841(b)(1)(A) and 960(b)(1), do Alleyne v. United States, 133 S. Ct. 2151 (2013), and the Due Process Clause require the application of the mens rea contained in §§ 841(a) and 960(a) to the offense elements of drug type and drug quantity found in §§ 841(b) and 960(b)? 1