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... that the government presented at trial on each of the elements of RICO and VICAR; and 2) a constructive amendment of the indictment via the jury instructions and the standard of prejudice that will be applied to his unpreserved claim ... George Strait and later for threats to a magistrate judge, an order committing defendant to the custody of the Attorney General pursuant to a dangerousness determination is vacated and remanded where the determination contravened the requisite statutory procedure. ...