182681P.pdf   08/11/2021  United States  v.  Jerell Haynie
   U.S. Court of Appeals Case No:  18-2681
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Gruender and Grasz, Circuit Judges] 
   Criminal case - Criminal law and sentencing. The district court did not 
   err in instructing the jury that defendant's attempts to commit state-law 
   crimes could serve as RICO predicate offenses; defendant's claim that the 
   district court erroneously instructed the jury that Count III of the 
   indictment, which charged defendant with attempted assault with a 
   dangerous weapon, could serve as a predicate rejected; even if the jury 
   instructions were internally inconsistent on the definition of 
   racketeering activity, defendant has failed to show plain error because 
   there was no reasonable probability that the jury, having found defendant 
   not guilty of attempted assault with a dangerous weapon, inconsistently 
   relied on attempted assault with a dangerous weapon to convict him of the 
   RICO conspiracy; the district court mistakenly treated aggravated assault 
   with a firearm as an act of racketeering for purposes of the guidelines; 
   this error affected defendant's guidelines range and was not harmless; 
   remanded for resentencing.