As statutorily defined, violating 21 U.S.C. § 846 is an inchoate offense, as it requires no overt act, but is complete upon the agreement. Because of this, can a "results in death" (as found in the penalty provisions of 21 U.S.C. § 841) statutory enhancement apply? Alternatively, if a "results in death" enhancement can apply to a 21 U.S.C. § 846 conspiracy, must that element be agreed upon by the conspirators?

Whether a 'results in death' statutory enhancement can apply to a 21 U.S.C. § 846 conspiracy offense, and if so, whether that element must be agreed upon by the conspirators