Francisco Frank Apodaca, Jr. v. United States
Takings HabeasCorpus
Can a corporation or other legal entity be associated in fact with a union or one or more individuals under the 'enterprise' definition of the RICO statute?
QUESTIONS PRESENTED 1. Can a corporation or other legal entity be associated in fact with a union or one or more individuals under the “enterprise” definition of the RICO statute, when only union members or individuals can be associated-in-fact under the definition of “enterprise” provided in this statute? 2. Is a defendant who files a 28 U.S.C. § 2255 motion to vacate conviction foreclosed from asserting an ineffective assistance ground of complaint relating to an incorrect PSR restitution calculation if the district court determines that the defendant knowingly and voluntarily entered a guilty plea to the criminal charge? i