Does the quantity of drugs alleged in an indictment constitute an element of the charge?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hernandez, 980 F.2d 868 (2nd Cir. 1992):
3 We recognize that the quantity of narcotics alleged in an indictment is not an element of the offense, but that it puts the defendant on notice of the penalty provisions he may face, and the quantity may indicate the conduct or transaction that is the basis of the charge. United States v. Campuzano, 905 F.2d 677, 679 (2d Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 363, 112 L.Ed.2d 326 (1990).
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