Robert A. Espinoza v. M. Segal, Warden
HabeasCorpus
Is § 1962(c)'s 'Unlawful Debt' an alternative crime or a means of fulfilling the element of racketeering activity?
QUESTIONS PRESENTED ‘ Title 18 U.S.C. § 1962(c)'s "racketeering activity" is defined in Title 18 U.S.C. § 1961(1)(A) to include many non-violent offenses including the act of : "gambling". Section 1962(c)'s collection of "unlawful debt" is defined in Title 18 U.S.C. § 1961(6)(A)(B) in relevant part, as a debt. "(A) incurred or contracted : in gambling activity. . . (B) which was incurred in connection with the business of gambling. . . ." The questions are: , : : ; (1) Is § 1962(c)'s "Unlawful Debt" an alternative crime with alternative elements or a means of fulfilling the element of racketeering activity, i-e., gambling activity? “ ay : (2) Does § 1962(c) RICO qualify as a predicate crime of violence for purposes of conviction under § 924(c)(3)(A)'s elements clause when Congress made § 1959 VICAR as the violent racketeering offense? (3) can § 1962(c) RICO sometimes qualify as a crime of violence predicate and sometimes not depending on the facts of the case, for conviction under Title . 18 U.S.C. § 924(c)(3)(A)'s elements clause? | (4) Does 18 U.S.C. § 1961(1)(A)'s definition of racketeering activity's use of the term "any act or threat "involving!" include conspiracy? . -i;