1) Whether this Court should grant Certiorari to address a Circuit
conflict on the interpretation of requisite proof to establish a legal
element necessary for the commission of a Racketeer Influenced
and Corrupt Organizations Act (RICO) offense or a RICO
conspiracy, to wit: that, in committing a Predicate Racketeering
Act, a defendant had a "gang related purpose" or did so for the
purpose of "gaining entrance to, or maintaining or increasing his
position in a criminal enterprise."

2) Whether this Court should grant Certiorari to address a conflict
with established Supreme Court law pursuant to Yates v. United
States, 77 S. Ct. 1064 (1957) where Mr. Ashburn's substantial
rights were violated because the district court allowed the jury to
find an essential element of a crime of violence based on either a
RICO or RICO conspiracy, where the latter was not a crime of
violence, and where the Second Circuit admitted that the jury's
verdict did not demonstrate with certainty that the jury found
that Ashburn "used or carried a firearm during and in relation to
the commission of the crime of violence" or "possessed a firearm
in furtherance of that crime."

Whether requisite proof to establish a RICO offense or RICO conspiracy requires a 'gang related purpose' or 'gaining entrance to, or maintaining or increasing position in a criminal enterprise'