Demarcus D. Morris v. United States
FifthAmendment
1) Count One (RICO) of the Indictment is unconstitutionally vague.
2) Count Two (Conspiracy to Distribute Controlled Substances) of the Indictment is unconstitutionally vague.
3) The evidence failed to support the three convictions for distribution of crack cocaine.
4) The Trial Court committed legal error by not requiring the jury to identify the specific predicate acts of "racketeering activity" in the Verdict Form.
5) The grouping of convictions for sentencing purposes constitutes multiple punishment for the same conduct and therefore violates the Double Jeopardy Clause of the Fifth Amendment.
Whether the RICO and drug conspiracy counts in the indictment are unconstitutionally vague, whether the evidence supports the crack cocaine distribution convictions, whether the trial court erred in not requiring the jury to identify the RICO predicate acts, and whether the sentencing grouping violates double jeopardy