Whether the failure to reference penalty provisions in an indictment precludes application of the highest maximum sentence and whether lack of notice in a § 851 Information prevents imposition of an enhanced life sentence

1.Whether the failure of the Indictment to include a reference to the penalty provision , 18 U.S.C. § 1963(a), applicable to the offense of RICO conspiracy , 18 U.S.C. § 1962(d), establishes that only the lowest of the two available maximum sentence s, 20 years’ imprisonment, and not the highest maximum sentence, life imprisonment, applies. 2. Whether the failure of the government’s 21 U.S.C. § 851 Information to provide notice of the enhanced penalty applicable to the offense with which petitioner was charged and convicted prevents imposition of an enhanced sentence of life imprisonment , rather than an unenhanced maximum sentence of 40 years’ imprisonment , for violation of 21 U.S.C. § 841(b)(1)(B) .