1. Applying what you know after reading this chapter, discuss whether it might have been feasible to charge the defendant with some form of murder. Discuss the argument for at least two homicide charges based on the facts presented. Discuss in detail. Burrage v. United States Certiorari to the United States Court of Appeals for the Eighth circuit No. 12-7515. Argued November 12, 2013Decided January 27, 2014 Long-time drug user Banka died following an extended binge that included using heroin purchased from petitioner Burrage. Burrage pleaded not guilty to a superseding indictment alleging, inter alia, that he had unlawfully distributed heroin and that "death ... resulted from the use of th[at] substance"thus subjecting Burrage to a 20-year mandatory minimum sentence under the penalty enhancement provision of the Controlled Substances Act, 21 U.S.C. 841(b)(1)(C). After medical experts testified at trial that Banka might have died even if he had not taken the heroin, Burrage moved for a judgment of acquittal, arguing that Banka's death could only "result from" heroin use if there was evidence that heroin was a but-for cause of death. The court denied the motion and, as relevant here, instructed the jury that the Government only had to prove that heroin was a contributing cause of death. The jury convicted Burrage, and the court sentenced him to 20 years. In affirming, the Eighth Circuit upheld the District Court's jury instruction. Held: At least where use of the drug dist