Whether the government was impermissibly relieved of its burden to prove each element of RICO Conspiracy

QUESTIONS PRESENTED FOR REVIEW A. Whether the government was impermissibly relieved of its burden to prove each element of RICO Conspiracy when the court instructed the jury that an agreement to create an enterprise at some undefined point in the future was sufficient to prove the element of an enterprise. B. Whether the Sixth Circuit broke with Circuit Court precedent and sanctioned the unjust increase in Castano’s term of imprisonment when the sentencing court attributed to Castano all drugs distributed by all members of the conspiracy without first determining that the conduct was within the scope of Castano's agreement in the conspiracy. C. Whether the government’s use of Castano's self incriminating statements against Castano during grand jury proceedings and trial violated the written proffer agreement and Castano’s Fifth Amendment rights. i