Whether the government must prove that a defendant conspired to distribute the specific controlled substance analogues charged in the indictment

QUESTIONS PRESENTED Federal law treats a controlled substance analogue intended for human consumption as a . Schedule I controlled substance. See 21 U.S.C. § 813; McFadden vy. United States, 135 8. Ct. 2298, 2302 (2015). A defendant who conspires to distribute a Schedule I substance is subject to astatutory maximum of 20 years in prison. See 21 U.S.C. § 841(b)(1)(C); 21 U.S.C. § 846. But if death results from the use of such substance, the defendant becomes subject to a mandatoryminimum term of 20 years in prison and a maximum term of life in prison. See 21 U.S.C. § 841(b)(1)(C); Burrage v. United States, 571 U.S. 204, 206 (2014). Petitioner Jeremy Achey is serving life in prison based on his convictions in this case. The questions presented are: 1. Whether, in cases where a drug conspiracy allegedly involves multiple substances, the government must prove that the defendant conspired to distribute the specific controlled substance charged in the indictment to have resulted in death, in order to increase the defendant’s statutory penalties to a mandatory-minimum of 20 years and maximum of life in prison under 21 US.C. § 841(b)(1)(C)? 2. Whether the government must prove that a defendant conspired to distribute the specific controlled substance analogues charged in the indictment (here, alleging “which violation involved” two specific analogues)——as opposed to conspired to distribute other substances—in order to convict a defendant of an offense under 21 U.S.C. §§ 813 and 846? i