Whether the district court's final jury instruction for the Special Sentencing Factor violated Apprendi v. New Jersey and constructively amended the indictment, and whether Apprendi and 18 U.S.C. §1963(a) require a racketeering act with a life imprisonment maximum to apply sentencing enhancement in a racketeering conspiracy case

No question identified. : i QUESTIONS P RESENTED 1. A writ of certiorari is requested to determine whether the district court’s final instruction to the jury for the indictment’s Special Sentencing Factor violated this Court’s decision in Apprendi v. New Jersey , 530 U.S. 466 (2000) which resulted in the constructive amendment of the indictment. 2. A writ of certiorari is requested to address what appears to be a split among the Circuit Courts of Appeals as to whether Apprendi v. New Jersey , 530 U.S. 466 (2000) and 18 U.S.C. §1963(a) require that the defendant must have committed a racketeering act that has a maximum sentence of life imprisonment in order to apply the sentencing enhancement in a racketeer ing conspiracy case. PARTIES TO THE P ROCEEDING The