Is the Fifth Amendment right to a grand jury violated when a defendant is sentenced for a conspiracy offense that exceeds the maximum penalty for the charged conspiracy offense?

QUESTION PRESENTED FOR REVIEW Is the Fifth Amendment right to 3 grand jury violated when a defendant enters a guilty plea to an indictment that alleges a conspiracy to commit an offense against the United States, the factual allegations specific to a general conspiracy offense under 18 U.S.C. § 371, but the district court sentences the defendant for a conspiracy to violate subchapter 1 of the Controlled Substance Act under 21 U.S.C. § 846, and such sentence exceeds the five-year maximum penalty for a general conspiracy offense under § 371? i