Can a jury convict a defendant on a finding that they intended to distribute only one gram of heroin?

It would have been proper for the jury to convict appellants on a finding that appellants intended to distribute only one gram of heroin. See United States v. Campuzano, 905 F.2d 677, 679 (2d Cir.) ("Section 841(a) of Title 21 prohibits the distribution of any amount of cocaine and in no way requires proof of a particular quantity of narcotics as an element of the conspiracy to distribute."), cert. denied, 498 U.S. 947, 111 S.Ct. 363, 112 L.Ed.2d 326 (1990). Hence, the jury instructions were entirely appropriate. If appellants intended to distribute the one gram, as Rodriguez testified at trial, their ultimate purpose--whether to rob drug dealers or to distribute additional amounts--would be irrelevant for purposes of the jury verdict. Because the amount of heroin is not an element of the offense, appellants' argument that it was improper for the jury to convict on the basis of evidence of an intent to distribute the one gram is erroneous as a matter of law. See United States v. Patino, 962 F.2d 263, 266 (2d Cir.) ("[A]n impermissible alteration of the charge must affect an essential element of the offense, and we have consistently permitted significant flexibility in proof, provided that the defendant was given notice of the core of criminality to be proven at trial.") (emphasis added) (internal quotation marks and citations omitted), cert. denied, --- U.S. ----, 113 S.Ct. 354, 121 L.Ed.2d 268 (1992).