When the Government clearly defines the scope and object of a drug distribution conspiracy in a charging Indictment, do the lower courts err when they fail to require the government to prove that a defendant has the requisite mens rea to join a conspiracy to possess or distribute the specific controlled substance that causes death or serious injury to purchasers of that drug, thus causing that defendant to suffer an enhanced sentence of imprisonment

QUESTION PRESENTED When the Government clearly defines the scope and object of a drug distribution conspiracy in a charging Indictment, do the lower courts err when they fail to require the government to prove that a defendant has the requisite mens rea to join a conspiracy to possess or distribute the specific controlled substance that causes death or serious injury to purchasers of that drug, thus causing that defendant to suffer an enhanced sentence of imprisonment. ) : ii