1. In United States v. Turkette , 452 U.S. 576 (1981) , this Court first held , in a RICO conspiracy case, 18 U SC §1962 (d), that the statute applies to de facto enterprises as well as legitimate businesses. The Court cautioned : "The existence of an enterprise at all times remains a separate element which must be proved by the Government." The question is whether a jury instruction that directs the jury that it does not need to find an existing de facto "enterprise" in a case chargin g conspiracy to operate a de facto RICO enterprise, is proper, as the First Circuit held permissible in this case.

2. Whether under Jackson v. Virginia , 443 U.S. 307 (1979) , the Court of Appeals must evaluate, under the reasonable doubt standard, whether predicate fact s support a conclusion used as the basis of sufficiency (here, that Petitioner was a "drug point owner" ), or whether an appellate Court may or should accept the characterization of a sole witness as to this determinative "ultimate fact" even when unsupported by evidence that defendant acted in conformity with that description.

Whether a jury instruction that directs the jury that it does not need to find an existing de facto 'enterprise' in a RICO conspiracy case is proper