Petitioner's argument is without merit, as Courts have consistently held that an indictment is not defective merely because it excludes the applicable penalty provision. See Mercer v. United States, No. 1:07-CV-59 ERW, 2008 WL 565759, at *10 (E.D. Mo. Feb. 28, 2008) (quoting United States v. Bates, 77 F.3d 1101, 1105-06 (8th Cir. 1996)) (“References in the indictment to sentencing enhancements . . . are ‘mere surplusage' and ‘may be disregarded if the remaining allegations are sufficient to charge a crime.'”); see also United States v. Hernandez, 299 F.3d 984, 992 (8th Cir. 2002) (affirming conviction where indictment omitted penalty provision in 21 U.S.C. § 841(b)).