Is first degree murder under the 2004 Puerto Rico Penal Code a 'crime of violence' for the purpose of 18 U.S.C. § 924(j)?

QUESTIONS PRESENTED 1. Is first degree murder, as broadly and idiosyncratically defined under the 2004 Puerto Rico Penal Code: (a) included in the category of “murder” as used in 18 U.S.C. § 1959(a), prohibiting “Violent Crimes in Aid of Racketeering’; or (b) categorically a “crime of violence,” as interpreted in this Court’s cases, for the purpose of applying the enhanced penalty under 18 U.S.C. § 924(j), particularly insofar as the 2004 Penal Code definition of “intent” encompasses killings committed “recklessly”? 2. Did the Court of Appeals misapply the “plain error” rule, Fed.R. Crim.P. 52(b), when it refused, for two invalid reasons, to address the “crime of violence” issue that was raised for the first time on appeal, that is, because: (i) petitioners argued the four “plain error” factors only once and not twice in support of this point, where they had presented two legal arguments in support of the same, single claim of “error” in the instructions; and (ii) petitioners could not cite “controlling precedent,” even though their position is clearly correct under the governing statutes (interpreted in light of this Court’s cases). LIST OF ALL PARTIES The caption of the case in this Court contains the names of all parties to this petition (petitioners Rivera Carrasquillo, Astacio Espino and Lanza Vazquez, and respondent United States). There were many related cases in the district court under the same and different dockets, but no co-defendants at trial or consolidated appellants. -ii