What is the test for overturning a conviction on a RICO charge of racketeering?

MultiRegion, United States of America

The following excerpt is from U.S. v. Mason, 26 F.3d 134 (9th Cir. 1994):

Noyer correctly states that the "pattern of racketeering" element requires the commission of two separate racketeering acts, each of which must constitute a criminal offense. If the verdict fails to establish the commission of the requisite two acts, the conviction on the RICO count must be vacated. United States v. Walgren, 885 F.2d 1417, 1424 (9th Cir.1989).

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