1. The government's theory was that Holder sold drugs to someone who days later sold drugs to someone who later sold drugs that caused decedent's death. The question is whether it is inconsistent with Burrage v. United States, 571 U.S. 204 (2014) to hold someone responsible for that death pursuant to 21 U.S.C. § 841(b)(1)(C) who falls anywhere in the chain of distribution.

2. The government charged Holder with conspiring with six named individuals to distribute a counterfeit substance containing fentanyl. The government also charged Holder with distribution of fentanyl resulting in serious bodily injury. Holder was not convicted of those charges. The question is whether the Circuit Court misapplied fundamental constitutional law by failing to recognize two counts were constructively amended at trial.

Question not identified.