Whether the government must satisfy the evidentiary requirements for accomplice liability under 18 U.S.C. §2 or co-conspirator liability under Pinkerton v. United States, 328 U.S. 640 (1946) before a remote seller may be subjected to an enhanced penalty under 21 U.S.C. §841(b)(1)(C) for death or serious bodily injury resulting from a third-party's distribution of a Schedule I or II controlled substance?

QUESTIONS PRESENTED FOR REVIEW |.Whether the government must satisfy the evidentiary requirements for accomplice liability under 18 U.S.C. §2 or co-conspirator liability under Pinkerton v. United States, 328 U.S. 640 (1946) before a remote seller may be subjected to an enhanced penalty under 21 U.S.C. §841(b)(1)(C) for death or serious bodily injury resulting from a third-party’s distribution of a Schedule | or Il controlled substance? ll. Whether an unforeseen and retroactive adoption of a new standard of strict liability for determining eligibility for an enhanced penalty under 21 U.S.C. §841(b)(1)(c) violates a defendant’s rights under the Due Process Clause? i