Whether the Second Circuit's decisions overturning the District Court's acquittal on VICAR and 924(c) counts created an inter-circuit split regarding the elements of VICAR and constituted a potential Yates or Stromberg error

1. Whether The Second Circuit Court of Appeal's Decisions to overturn the District Court's Acquittal of Petitioner on both the VICAR and 924(c) Counts, in Petitioner's Rule 29(c) Motion was in disregard for the District Court's full and plain assessment that, the > Government did not meet it's burden of establishing the .elements of VICAR resulted in an, inter-circuit split that all elements of VICAR must be met to find a Defendant Guilty beyond a reasonahLe —doubt . 2. Whether the jury verdict resulted in a Yates or * Stromberg error when both the RICO Conspiracy and VICAR were used as predicates supporting the conviction of the 924(c) and at least one of the two is constitutionally invalid. 3. -Whether VICAR is a crime of violence under, (N.Y.P.L. §120.05 Assault with a deadly weapon), under the now constitutionally invalid residual clause. If the specific subsection was not specifically addressed and,the jury instructions track the language of both the non-qualified and The qualified subsections of N.Y.P.L §120.05. 4. Whether the Jury instructions under the now unconstitutional residual clause for 924(c) caused the prejudice effect allowing the jury to find petitioner guilty for conduct beyond the scope of 1 what the government can constitutionally prosecute ,,without proper and full notice at all stages of the indictment . (3) noz/Li/zi