Whether a district court can sentence a defendant to life imprisonment for a RICO conspiracy conviction when the jury found the defendant did not agree that murder would be part of the criminal enterprise

QUESTION PRESENTED A conspiracy to violate The Racketeer Influenced and Corrupt Organization (RICO) Act, 18 U.S.C. § 1962(d), is punishable by a maximum of 20 years, but it is punishable by life if the violation is based on a racketeering activity for which the maximum penalty is life, e.g. murder. 18 U.S.C. § 1963(a). Can a district court sentence Petitioner to life imprisonment when Petitioner was only convicted of a RICO conspiracy and where the jury made a special finding that Petitioner did not agree that murder would be part of the criminal enterprise? i