DueProcess
Whether under 21 U.S.C. § 846 it is proper to base a defendant's sentence on the weight of all controlled substances possessed by all members of a conspiracy, so long as such possession was 'reasonably foreseeable' to the defendant
Question Presented Should the Court grant certiorari in order to determine whether under 21 U.S.C. § 846 (conspiracy to distribute controlled substances) it is proper to base a defendant’s sentence on the weight of all controlled substances possessed by all members of a conspiracy, so long as such possession was “reasonably foreseeable” to the defendant; and whether the Court should strike down this engrafting of the judicially-created Pinkerton doctrine of reasonable foreseeability onto the controlled substance statutes?