whether-instructional-error-is-plain

QUESTIONS PRESENTED 1. Whether an instructional error is “plain” for purposes of Fed. R. Crim. P. 52(b) when the charge to the jury is erroneous under an opinion of this Court interpreting an identical term in a related statute. 2. Whether the knowingly mens rea in 21 U.S.C. § 960 applies to the type and quantity of controlled substance involved in the offense when those elements are used to establish mandatory minimum and enhanced maximum sentences. i STATEMENT OF RELATED CASES ° United States v. Hector Martinez-Robos, No. 19CR0369-DMS, U.S. District Court for the Southern District of California. Judgment entered July 27, 2020. . United States v. Hector Martinez-Robos, No. 20-50205, U.S. Court of Appeals for the Ninth Circuit. Judgment entered June 24, 2022. il