1. Does 21 U.S.C. § 841(a)(1) permit the Government to charge a continuing offense of possession with intent to distribute a controlled substance based on facts that establish the defendant relinquished possession of the same controlled substance by distributing it to another person?

a. Are facts that a person distributed a controlled substance to another person legally sufficient to establish a factual basis for a guilty plea on a charge for a continuing offense, the possession of the same controlled substance with intent to distribute it to another under 21 U.S.C. § 841(a)(1)?

b. If the Court resolves the questions presented in Petitioner's favor, is plain error relief justified?

Whether 21 U.S.C. § 841(a)(1) permits the government to charge a continuing offense of possession with intent to distribute a controlled substance based on facts that establish the defendant relinquished possession of the same controlled substance by distributing it to another person