Whether the 'death results' element in 21 U.S.C. 841(b) requires proof of mens rea

QUESTION PRESENTED After this Court's decision in Burrage v. United States, 571 U.S. 204 (2014), the Circuit Courts have accepted that "death results” in 21 U.S.C. 841(b) is actually an element of the offense, and not merely a sentencing factor. Yet the lower courts have eliminated any mens rea from this "death results" element of the offense, ; treated the "death results" element as a strict liability sanction, and further ignored the fact that the plain text of the statute requires a direct & proximate causation. Given the harsh mandatory 20-year imprisonment and the disproportionate impact "death results" sentencing enhancement has on minorities, the issue of accused's mens rea in "death results" cases remains a 4 matter of critical national importance, and this Court is requested to decide the . second question left unanswered in Burrage. i i QUESTION PRESENTED After this Court's decision in Burrage v. United States, 571.U.S. 204 (2014), the Circuit Courts have accepted that "death results" in 21 U.S.C. 841(b) is actually an element of the offense, and not merely a sentencing factor. Yet the lower courts have eliminated any mens rea from this “death results" element of the offense, treated the “death results" element as a strict liability sanction, and further ignored the fact that the plain text of the statute requires a direct & proximate causation. Given the harsh mandatory 20-year imprisonment and the disproportionate impact. “death results" sentencing enhancement has on minorities, the issue of accused's mens rea in "death results" cases remains a matter of critical national importance, and this Court is requested to decide the second question left unanswered in Burrage. . 1