Whether requisite proof to establish a RICO offense or RICO conspiracy requires a 'gang related purpose' or 'gaining entrance to, or maintaining or increasing position in a criminal enterprise'

QUESTIONS PRESENTED 1) Whether this Court should grant Certiorari to address a Circuit conflict on the interpretation of requisite proof to establish a legal element necessary for the commission of a Racketeer Influenced and Corrupt Organizations Act (RICO) offense or a RICO conspiracy, to wit: that, in committing a Predicate Racketeering Act, a defendant had a “gang related purpose” or did so for the purpose of “gaining entrance to, or maintaining or increasing his position in a criminal enterprise.” 2) Whether this Court should grant Certiorari to address a conflict with established Supreme Court law pursuant to Yates v. United States, 77 S. Ct. 1064 (1957) where Mr. Ashburn’s substantial rights were violated because the district court allowed the jury to find an essential element of a crime of violence based on either a RICO or RICO conspiracy, where the latter was not a crime of violence, and where the Second Circuit admitted that the jury's verdict did not demonstrate with certainty that the jury found that Ashburn “used or carried a firearm during and in relation to the commission of the crime of violence” or “possessed a firearm in furtherance of that crime.” i PARTIES AND RELATED CASES