Pierre C. Marc v. United States
1. Whether due process permits a conviction for a charged drug and threshold
quantity 5 kilograms or more of cocaine, 21 U. S. C.§841 (a) (1), (b) (1) (A) when the
Government's trial evidence proved only a different controlled substance (fentanyl)
and no cocaine, and the jury nonetheless returned a verdict finding '5 kilograms or
more of cocaine."
2. "Whether a federal court of appeals may affirm a conviction by declining to review
the sufficiency of the evidence because the defendant did not renew a Rule 29
motion after the Government's case, where the record reflects a complete failure of
proof on an element (identity of the controlled substance and threshold drug
quantity element)."
3. "Whether, at minimum, the court of appeals must review such a claim for plain error
or to prevent a manifest miscarriage of justice, rather than treating it as
unreviewable or forfeited."
Whether due process permits conviction for a charged drug and threshold quantity when the Government's trial evidence proved only a different controlled substance and the jury returned a verdict on the charged substance, and whether a federal court of appeals may affirm by declining to review sufficiency of the evidence due to failure to renew a Rule 29 motion