; and (2) any unlawful act of a co-conspirator that— (A) the defendant agreed to jointly undertake; (B) was in furtherance of that unlawful act the defendant agreed to jointly undertake; and (C) was known to and intended by the defendant. . (c) Counterfeit controlled substances import and export Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ) is amended by adding at the end the following: (e) In the case of a person who conspires to commit an offense under this title, the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in— (1) the defendant’s own unlawful acts; and (2) any unlawful act of a co-conspirator that— (A) the defendant agreed to jointly undertake; (B) was in furtherance of that unlawful act the defendant agreed to jointly undertake; and (C) was known to and intended by the defendant. . 403. Clarifying culpability at sentencing Section 3661 of title 18, United States Code, is amended by striking the period at the end and inserting the following: , except that such a court may not consider, except for purposes of mitigating a sentence— (1) any act with respect to which the person was criminally charged and adjudicated not guilty after trial in a Federal, State, or Tribal, court, or in the case of a juvenile an act that was charged and for which the juvenile was found not responsible after a juvenile adjudication hearing