Goldenberg v. United States

How later courts describe this case

• change in statuiory language from "clear probability" to “well-founded fear" imposed lesser burden of proof on political asylum applicant
• the defendant may not be convicted under Sec. 1962(d) unless he agrees to commit the acts himself
• in competency trial, defer to trial court finding that corrections officers’ observations of defendant six months before hearing not too remote in time
• court-authorized wiretap, even if in violation of § 2518(9), may be used to impeach defendant on cross-examination
• the defendant may not be convicted under § 1962(d) unless he agrees to commit the acts himself
• conditions in country of origin relevant to issue of “well-founded fear of persecution”
• “His claim is not so frivolous that it should not be tested in a plenary hearing under the legal standards established by the [United Nations] Protocol [Relating to the Status of Refugees, 19 U.S.T. 6257, 606 U.N.T.S. 268]”
• RICO conspiracy defendants must agree to commit two predicate offenses