1. Ifa RICO enterprise exists for legitimate associational as well as illegitimate purposes, does it violate due process and the obligation to individualize a sentence to hold every member responsible for every single act committed by every other member during the period of membership?

2. Is the split panel decision approving the future tense instruction for a RICO conspiracy contrary to the guarantee of due process of law?

Whether a RICO enterprise with legitimate and illegitimate purposes violates due process and individualized sentencing