How is the quantity of controlled substances 'involved' determined for purposes of sentencing for conspiracy under 21 U.S.C. § 846, when the offense of drug distribution is the object of the conspiracy?

question presented, on which the Circuits are divided, is: How is the quantity of controlled substances “involved” determined for purposes of sentencing for conspiracy under 21 U.S.C. § 846, when the offense of drug distribution is the object of the conspiracy? 2. Does Federal Evidence Rule 704(b) bar a governmental expert witness only from testifying in so many words to a defendant’s “mental state ... that constitutes an element of the offense,” or does it also bar, for example — in a prosecution for drug trafficking conspiracy, where an element of the offense is that the defendant intended to agree with others to distribute drugs — that the trial evidence suggests the defendants were acting as a “group” rather than as individual dealers in a common territory? (And should this case be held pending disposition of Diaz v. United States, No. 23-14, cert. granted 11/13/2023?) LIST OF ALL PARTIES The caption of the case in this Court contains the names of all parties to this petition (petitioner Whitehead and respondent United States). Petitioner had multiple co-defendants at trial. In the court below, his appeal was consolidated with those of co-defendants Donald Womack, Spencer Payne, and Breon Burton. To petitioner’s knowledge, none of his co-defendants or co-appellants have filed petitions in this Court. The appeal of co-defendant Paris Church was decided separately; he likewise did not petition this Court. -ii