Whether a jury instruction that directs the jury that it does not need to find an existing de facto 'enterprise' in a RICO conspiracy case is proper

QUESTIONS PRESENTED 1. In United States v. Turkette, 452 U.S. 576 (1981), this Court first held, in a RICO conspiracy case, 18 USC §1962(d), that the statute applies to de facto enterprises as well as legitimate businesses. The Court cautioned: “The existence of an enterprise at all times remains a separate element which must be proved by the Government.” The question is whether a jury instruction that directs the jury that it does not need to find an existing de facto “enterprise” in a case charging conspiracy to operate a de facto RICO enterprise, is proper, as the First Circuit held permissible in this case. 2. Whether under Jackson v. Virginia, 443 U.S. 307 (1979), the Court of Appeals must evaluate, under the reasonable doubt standard, whether predicate facts support a conclusion used as the basis of sufficiency (here, that Petitioner was a “drug point owner”), or whether an appellate Court may or should accept the characterization of a sole witness as to this determinative “ultimate fact” even when unsupported by evidence that defendant acted in conformity with that description.