Whether a 'results in death' statutory enhancement can apply to a 21 U.S.C. § 846 conspiracy offense, and if so, whether that element must be agreed upon by the conspirators

QUESTION PRESENTED . As statutorily defined, violating 21 U.S.C. § 846 is an inchoate offense, as it requires no overt act, but is complete upon the agreement. Because of this, can a “results in death” (as found in the penalty provisions of 21 U.S.C. § 841) statutory enhancement apply? Alternatively, if a “results in death” enhancement can apply to a 21 U.S.C. § 846 conspiracy, must that element be agreed upon by the conspirators? ii RELATED CASES Pursuant to Supreme Court Rule 14(1)(b)(iii), Petitioner submits the following cases that are directly related to this Petition: Case No. 19-7057 — Johnny Shelton v. United States, petition for certiorari pending iii