When will counsel's failure to seek unanimity instruction on the specific predicates Aller agreed would be committed in the course of the conspiracy?

The same conclusion obtains as to counsel's failure to seek a unanimity instruction on the specific predicates Aller agreed would be committed in the course of the racketeering conspiracy. See 18 U.S.C. 1962(d). In identifying no plain error on direct appeal, we emphasized the "unsettled state of the law on this issue," observing that neither Aller nor the government had identified any case "holding that the trial court is or is not required" to so instruct the jury. United States v. McAllister, 112 F. App'x at 773.² In the absence of clear authority requiring unanimity with respect to the specific

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