Whether the RICO and drug conspiracy counts in the indictment are unconstitutionally vague, whether the evidence supports the crack cocaine distribution convictions, whether the trial court erred in not requiring the jury to identify the RICO predicate acts, and whether the sentencing grouping violates double jeopardy

QUESTIONS PRESENTED FOR REVIEW Mr. Morris respectfully submits the followed errors occurred at the trial court level, which, individually and collectively, necessitate the reversal of his conviction and order of a new trial. 1) Count One (RICO) of the Indictment is unconstitutionally vague. 2) Count Two (Conspiracy to Distribute Controlled Substances) of the Indictment is unconstitutionally vague. 3) The evidence failed to support the three convictions for distribution of crack cocaine. 4) The Trial Court committed legal error by not requiring the jury to identify the specific predicate acts of “racketeering activity” in the Verdict Form. 5) The grouping of convictions for sentencing purposes constitutes multiple punishment for the same conduct and therefore violates the Double Jeopardy Clause of the Fifth Amendment. i CERTIFICATE OF INTERESTED PERSONS The undersigned counsel of record certifies that the following listed persons have an interest in the outcome of this case. These representations are made in order that the judges of this Court may evaluate possible disqualification or recusal. District Court: Honorable Elizabeth E. Foote United States District Judge, Western District of Louisiana 300 Fannie Street, Suite 4100 Shreveport, LA 71101 United States Fifth Circuit: Honorable Jolly, Jones and Willett United States Court of Appeals, Fifth Circuit 600 S. Maestri Place New Orleans, LA 70130 Defendant — Appellant: Demarcus Deandre Morris USP Hazelton Reg. No. 19870-035 1640 Sky View Drive Bruceton Mills, WV 26525 Attorney for Defendant — Appellant: Joseph W. Greenwald, Jr. 7591 Fern Avenue, Suite 1901 Shreveport, LA 711015 -Attorney for Demarcus Morris Attorneys for the Government — Appellee: Allison Duncan Bushnell Finnuala Kelleher Tessier Tennille Gilreath Criminal Division, U.S. DOJ 300 Fannin Street, Suite 3201 950 Pennsylvania Ave., NW Ste. 1264 Shreveport, LA 71101 Washington, DC 20530 ii