Whether 21 U.S.C. § 841(a)(1) permits the government to charge a continuing offense of possession with intent to distribute a controlled substance based on facts that establish the defendant relinquished possession of the same controlled substance by distributing it to another person

QUESTIONS PRESENTED FOR REVIEW 21 U.S.C. § 841(a)(1) of the Controlled Substances Act makes it “unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance...” The structure of § 841(a)(1) indicates that Congress defined separate and distinct crimes in § 841(a)(1) where each crime is dependant on different particularized facts. /d. This petition presents following questions regarding the interpretation and application of § 841(a)(1): 1. Does 21 U.S.C. § 841(a)(1) permit the Government to charge a continuing offense of possession with intent to distribute a controlled substance based on facts that establish the defendant relinquished possession of the same controlled substance by distributing it to another person? a. Are facts that a person distributed a controlled substance to another person legally sufficient to establish a factual basis for a guilty plea on a charge for a continuing offense, the possession of the same controlled substance with intent to distribute it to another under 21 U.S.C. § 841(a)(1)? b. If the Court resolves the questions presented in Petitioner’s favor, is plain error relief justified? i