FourthAmendment
Did the government prove the existence of a racketeering enterprise?
QUESTIONS PRESENTED Petitioner was convicted of RICO Conspiracy, 18 U.S.C. §1962(d), and multiple counts of Murder and Attempted Murder in Aid of Racketeering, 18 U.S.C. §1959(a). The Sixth Circuit affirmed the convictions and sentences. The questions presented are: I. A. Did the government prove beyond a reasonable doubt the existence of a racketeering enterprise, a necessary element for all of the charges, when there was no evidence of any structure of membership, common purpose for an entity or organization or continuing unit? B. — Could Petitioner be convicted of aiding and abetting the VICAR convictions when there was no evidence that Petitioner committed any act that furthered the commission of the crime? II. Should the jury have been allowed to convict Petition on the hypothetical existence of the predicate federal and state crimes? Ill. Was Petitioner denied his right to confrontation and a fair trial by admission of a hearsay statement, which was the basis for the VICAR convictions? IV. Was Petitioner entitled to text messages between the agent in charge and the cooperating witnesses under Jencks and Brady? V. Can the good-faith exception to the warrant requirement under this Court’s decision in United States v. Carpenter, 138 S. Ct. 2206, 2221 (2018), allow for the illegally seized information to be admitted at trial? “1 VI. Was Petitioner deprived of his right to an impartial jury and evidentiary hearing having established a colorable claim of extraneous influence and bias of jurors? VII. Can the trial judge impose multiple life sentences by considering Petitioner’s refusal to admit his guilt after trial? -i