OPINION
This case is part of a consolidated appeal involving thirteen defendants who were members of the Outlaw Motorcycle Club (“OMC”), an international motorcycle club with chapters across the country and around the world. In 1997, the Federal Bureau of Investigation and state law enforcement agencies began an investigation into the Green region of the OMC, which consists of chapters in Dayton, Ohio; Fort Wayne, Indiana; Louisville, Kentucky; Indianapolis, Indiana; and Oklahoma City, Oklahoma. As a result of the investigation, a grand jury in the Northern District of Ohio returned a 40-count indictment in 2003 charging the defendants with various offenses, including Racketeer Influenced and Corrupt Organizations Act (“RICO”), drug trafficking, and firearms offenses. The defendants were tried before an anonymous jury.
Defendant Jason Gregory Fowler, a member of the Louisville Chapter of the OMC, was convicted on four counts: (1) a substantive RICO offense, in violation of 18 U.S.C. §§ 1962(c), 1963(a); (2) RICO conspiracy, in violation of 18 U.S.C. § 1962(d); (3) conspiracy to distribute a controlled substance, in violation of 21 U.S.C. § 846; and (4) conspiracy to use or carry a firearm during the commission of a drug trafficking crime, in violation of 18 U.S.C. § 924(o). The district court thereafter sentenced Fowler to a total of 396 months in prison.
On appeal, Fowler argues that: (1) the evidence obtained from the search of his home was acquired in violation of his Fourth Amendment rights and therefore should have been suppressed; (2) the district court erred by admitting statements that had been elicited in violation of his Fifth and Sixth Amendment rights; (3) he was entitled to a directed verdict on the RICO and RICO conspiracy charges; (4) the district court made reversible eviden-tiary errors with respect to Rule 404(b) evidence; (5) the district court erroneously failed to instruct the jury as to lesser-included offenses; (6) the district court erroneously calculated the Guidelines range; and (7) the district court erroneously imposed a consecutive sentence of 10 years under 18 U.S.C. § 924(c). The Government argues in its cross-appeal that Fowler’s sentence should be vacated and remanded because the district court misapplied the Sentencing Guidelines by departing from the recommended life sentence without adequate justification on the record.
Fowler’s arguments with respect to his convictions have no merit, but he correctly argues that the district court erroneously *412 sentenced him to a consecutive 10-year sentence under § 924(c). Because of the influence that this error had on Fowler’s overall sentence, his sentence must be vacated in its entirety. Therefore, his convictions are affirmed, and his sentence is vacated.
I.
On November 5, 2002, a magistrate judge in the Western District of Kentucky, relying on information provided by a confidential informant, issued a search warrant for Fowler’s person and his residence at 9805 Lower River Road, Louisville, Kentucky. Special Agent Richard McMahan of the Bureau of Alcohol, Tobacco and Firearms (“ATF”) was in charge of executing the warrant. Out of concern for the safety of the officers involved, Agent McMahan decided that it would be best to execute the warrant after Fowler had left the residence. Under Agent McMahan’s plan, the authorities were to wait for Fowler and his wife to exit the house and leave the premises in an automobile before executing the warrant. When the Fowlers did so in the middle-to-late afternoon of November 7, 2002, police officers initiated a traffic stop on the Fowlers’ vehicle. After the vehicle was stopped, defendant Jason Fowler was taken out of the car, and the officers removed a weapon from him. He was then advised that the officers had a search warrant for his residence, and he was asked if he would like to be present during the execution of the search warrant. When Fowler said that he would like to be present, Agent McMahan informed him that the police officers would transport him back to the house in a squad car. Agent McMahan also told Fowler that he would need to be handcuffed, and Fowler agreed to be transported back to the house in that manner.
Upon returning to the house, Fowler remained in the squad car while the officers conducted their search, which turned up various firearms and a small quantity of methamphetamine. At some point during the search, Fowler was brought into the house so that he could be interviewed by Agent McMahan and his partner. Agent McMahan testified that he informed Fowler of his rights using the standard ATF rights advisement form. Agent McMahan further testified that during the discussion of Fowler’s rights, Fowler said, “I don’t know if I need an attorney,” and “I don’t know, do I need an attorney?” Agent McMahan informed Fowler that he would have to make that decision on his own, and Fowler thereafter signed a standard ATF waiver-of-rights form. After waiving his rights, Fowler spoke with the agents about narcotics and firearms. While they were talking, Fowler received a phone call from someone who wanted to schedule a delivery of methamphetamine to him. In cooperation with the authorities, Fowler arranged for the drugs to be delivered to his house later that day. Two individuals eventually arrived to deliver 1,484 grams of methamphetamine, and they were promptly arrested.
At approximately 10:30 or 11:00 that evening, after the officers had finished their search and arrested the methamphetamine couriers, Fowler was transported to a Jefferson County (Kentucky) Police Department station so that he could be further interviewed. During the questioning, Fowler asked about receiving consideration in exchange for his cooperation. In response, the officers called in two Assistant United States Attorneys (“AUSAs”) to talk to Fowler. Although the AUSAs told Fowler that his cooperation would be taken into account on his forthcoming narcotics and firearms charges, they did not make any promises or guarantees of leniency.
*413 Agent McMahan continued interviewing Fowler after the AUSAs left. While they were talking, Fowler spontaneously brought up an unsolved murder in Indiana and indicated that he had participated in the crime. Fowler stated that Michael Brown, a more senior OMC member, had asked Fowler to go with him to the home of an individual named Charles Hurst in order to collect a drug debt. When they arrived at the home, Brown held Hurst at gunpoint and instructed Fowler to restrain Hurst in a chair. After Brown ransacked Hurst’s home, Fowler was instructed to release Hurst, whereupon Hurst was shot and killed by Brown. After killing Hurst, Brown and Fowler stole some of Hurst’s personal property and departed. Upon hearing this confession, Agent McMahan immediately transported Fowler to Indiana, where the two of them met with detectives at the state police post in Sell-ersburg. Fowler told his story to the Indiana police and assisted them in building a case against Michael Brown. Fowler eventually testified on behalf of the prosecution in Brown’s murder trial in Indiana state court. For his part in the killing, Fowler pled guilty to aiding in voluntary manslaughter.
On April 8, 2003, Fowler was named in a 40-count indictment issued in the Northern District of Ohio. As the culmination of a wide-ranging, six-year investigation of the OMC Green region, the indictment charged Fowler and 37 other OMC members with various federal crimes. Many of the allegations against Fowler stemmed from the search and corresponding questioning of Fowler that took place on November 5, 2002. The indictment charged Fowler with four offenses: (1) RICO, in violation of 18 U.S.C. § 1962(c); (2) RICO conspiracy, in violation of 18 U.S.C. § 1962(d); (3) conspiracy to distribute a controlled substance, in violation of 21 U.S.C. § 846; and (4) conspiracy to use or carry a firearm during the commission of a drug trafficking crime, in violation of 18 U.S.C. § 924(o). The indictment alleged four predicate acts in support of the substantive RICO charge: (1) conspiring to distribute drugs, (2) the murder of Charles Hurst, (3) the robbery of Hurst, and (4) the collection of a debt from Hurst by extortionate means.
Even though he testified against Michael Brown in the Indiana murder case, Fowler refused to testify against his co-defendants in the instant case. As a result, he was unable to reach a plea agreement with the Government. In the absence of a plea agreement, he proceeded to trial and was convicted on all four counts. In a special verdict, the jury also found that Fowler had committed all four RICO predicate acts alleged against him.
At the sentencing hearing, the district court sentenced Fowler to concurrent sentences of 240 months on the RICO and RICO conspiracy offenses. With respect to the drug conspiracy offense, the district court imposed a concurrent sentence of 276 months. Finally, the district court imposed an additional 10-year consecutive sentence because the court was under the impression that such a sentence was required for Fowler’s firearms-conspiracy offense. Altogether, Fowler was sentenced to a total of 396 months in prison.
II.
There is no merit to Fowler’s claim that the district court should have suppressed the evidence obtained from the search of his home.
1
He argues that the search was
*414
conducted pursuant to an invalid search warrant because the warrant was issued on the basis of an affidavit that provided insufficient information for a finding of probable cause, but this is not so. The magistrate’s finding of probable cause is entitled to great deference, and it can only be overturned if the magistrate exercised his authority arbitrarily.
See United States v. Greene,
In determining whether to issue a search warrant on the basis of a particular affidavit, a magistrate must review the affidavit according to the totality of the circumstances and “make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of knowledge’ of persons supplying the hearsay information,’ there is probable cause.”
United States v. Smith,
Fowler, however, argues that the warrant was not supported by probable cause because it was issued on the basis of information provided by a confidential informant of unknown reliability. This clearly was not the case. Although the affidavit does not explicitly vouch for the confidential informant’s credibility, that fact alone does not undermine the magistrate’s finding of probable cause since there are sufficient implicit indicia of reliability. As this court said in
United States v. Allen,
Fowler also attacks the veracity of the affidavit, but this argument fails as well. He contends that the ATF agents intentionally misled the magistrate by omitting from the affidavit any acknowledgment of the fact that the confidential informant was involved in ongoing criminal activity. In the district court, Fowler unsuccessfully sought a
Franks
hearing in order to further this argument. This type of hearing emerged from the Supreme Court’s recognition in
Franks v. Delaware,
This court has repeatedly held that there is a higher bar for obtaining a
Franks
hearing on the basis of an allegedly material omission as opposed to an allegedly false affirmative statement.
See, e.g., United States v. Graham,
According to Fowler, the ATF agents intentionally misled the magistrate by failing to acknowledge the confidential informant’s involvement in ongoing criminal activity. This information, Fowler argues, would have made the magistrate doubt the confidential informant’s veracity. This argument neglects to mention, however, that the affidavit acknowledged the confidential informant’s criminal activity by stating that the confidential informant had sold methamphetamine to Fowler.
Even if the ATF agents had failed to inform the magistrate of the confidential informant’s criminal activity, such an omission would not satisfy the second requirement for a
Franks
hearing because the additional information would have had no impact on the finding of probable cause. The fact that the confidential informant was engaged in criminal activities might make the confidential informant less credible than a member of the general population, but that is hardly a reason to doubt the reliability of the information given to the affiant, especially given the numerous indications of reliability provided in the affidavit. Considering that “it is often people involved in criminal activities themselves that have the most knowledge about other criminal activities,”
Martin,
III.
The district court did not err in admitting Fowler’s post-arrest statements to the authorities because, contrary to Fowler’s arguments, those statements were not obtained in violation of his Fifth or Sixth Amendment rights. First, there was no Sixth Amendment violation here because the Sixth Amendment right to counsel attaches only “at or after the initiation of adversary judicial proceedings— whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.”
United States v. Gouveia,
There was no Fifth Amendment violation here either because, considering the totality of the circumstances, Fowler’s statements were not coerced or involuntary. An incriminating statement is deemed to have been coerced “when the conduct of the law enforcement officials is such as to overbear the accused’s will to resist.”
United States v. Haynes, 301
F.3d 669, 684 (6th Cir.2002) (quoting
Ledbetter v. Edwards,
Fowler claims that his statements were involuntary because they were induced by false promises of leniency from the Government, but he has nothing other than his own assertions to prove the existence of such false promises. That presents a problem for him because, in reviewing the denial of his motion to suppress, this court must view the evidence in the light most favorable to the Government.
See United States v. Williams,
IV.
Fowler next argues that he was entitled to a directed verdict on the substantive RICO charge and the RICO conspiracy charge. This court reviews de novo the sufficiency of the evidence to sustain a conviction.
United States v. Gibson,
A.
A substantive RICO charge requires the Government to prove: (1) the existence of an enterprise which affects interstate or foreign commerce; (2) the defendant’s association with the enterprise; (3) the defendant’s participation in the conduct of the enterprise’s affairs; and (4) that the participation was through a pattern of racketeering activity.
See United States v. Sinito,
There was sufficient evidence of the third element because Fowler’s admitted role in the murder of Charles Hurst, Fowler’s theft of Hurst’s property, Fowler’s participation in an extortionate attempt to collect a debt from Hurst, and Fowler’s participation in the OMC drug-distribution ring all indicate that Fowler had, at a minimum, participated in the conduct of the enterprise’s affairs by knowingly carrying out the decisions of his superiors in the OMC criminal enterprise.
See United States v. Oreto,
Fowler contends that the third element was not proven because his actions did not satisfy the test for “participation in the conduct of the enterprise’s affairs” that was established in
Reves v. Ernst & Young,
*419
In
Oreto,
the First Circuit noted that
Reves
was a case concerning “horizontal” RICO liability — i.e., the liability of advisers who are outside the organization — and did not address the “vertical” question of how far RICO liability extends down the ladder within the organization.
See Oreto,
Likewise, there was sufficient evidence of the fourth element of substantive RICO — -which requires a pattern of racketeering activity — because the evidence shows that Fowler committed at least two predicate acts that were related to the activities of the enterprise and presented the threat of continued activity.
See United States v. Corrado,
A pattern of racketeering activity requires a minimum of two predicate acts.
See
18 U.S.C. § 1961(5). In order to establish that any two predicate acts constitute a pattern of racketeering activity, the Government must satisfy the “continuity plus relationship” test, which requires proof of “(1) a relationship between the predicate acts and (2) the threat of continued activity.”
Snowden v. Lexmark Int’l, Inc.,
The first prong of the “continuity plus relationship” test — the relatedness prong — was met here because the Government introduced sufficient evidence to convince a rational jury beyond a reasonable doubt that Fowler’s predicate acts were related to the activities of the enterprise.
See Corrado,
It may be true that Fowler’s predicate acts are not directly interrelated with each other, but that is not required.
See Corrado,
The second prong of the “continuity plus relationship” test — the continuity prong — “is sufficiently established where the predicates can be attributed to a defendant operating as part of a long-term association that exists for criminal purposes.” H.
J. Inc. v. Nw. Bell Tel. Co.,
B.
Fowler was not entitled to a directed verdict on the RICO conspiracy charge either. His willful participation in the robbery and murder of Charles Hurst alone satisfies the requirements for a RICO conspiracy conviction because it shows that he “intended to further ‘an endeavor which, if completed, would satisfy all of the elements of a substantive [RICO] criminal
offenseUnited States v. Saadey,
Fowler, however, challenges his conviction based on the erroneous assertion that the elements of a RICO conspiracy offense are the same as for a substantive RICO offense. From this standpoint, and with no further analysis, Fowler simply states that he was necessarily entitled to a directed verdict on the RICO conspiracy charge because the Government did not introduce sufficient evidence to convict him of a substantive RICO offense. This argument misstates the law because the elements of
*421
the two offenses are plainly different. Unlike a substantive RICO charge, a RICO conspiracy charge does not require proof that the defendant committed any predicate acts.
See id.
(citing
Salinas,
Y.
There is also no merit to Fowler’s argument that the district court should have given a lesser-included-offense instruction. As one of four RICO predicate acts alleged against Fowler, the indictment says that he committed murder under the law of Indiana because of his role in the killing of Charles Hurst. Fowler claims that the district court should have instructed the jury on the lesser-included offenses of murder under Indiana law — i.e., voluntary manslaughter, involuntary manslaughter, and criminal confinement. This, he argues, would have allowed the jury to conclude that his involvement in Hurst’s killing only rose to the level of one of those lesser offenses rather than murder. First, this argument is difficult to comprehend because it cannot possibly benefit Fowler. Even if the murder predicate act were set aside, the minimum number of two predicate acts would still be present in this case because the jury found that he had conspired to distribute drugs, participated in the robbery of Hurst, and participated in the extortionate collection of a debt from Hurst. Putting this point aside, though, the problem with Fowler’s argument is that a defendant is not entitled to a lesser-included-offense instruction for an offense with which he has not been charged. In other words, since Fowler was not actually charged with the offense of murder, he was not entitled to have the jury instructed on the lesser-included offenses of murder. Murder was alleged as one of Fowler’s RICO predicate acts, but there is no such thing as a lesser-included-predicate-act instruction. If the jury had not been convinced that Fowler had committed the murder, they could have found so on the special verdict form. There was no reason to provide them with additional options.
YI.
The four evidentiary arguments that Fowler makes in favor of reversing his convictions are likewise without merit. First, the district court’s error in not giving a limiting instruction with respect to evidence introduced against co-defendant David Mays was harmless. As one of the RICO predicate acts alleged against Mays, the indictment stated that he had murdered his former girlfriend, Shannon Turner. Therefore, the Government introduced evidence against Mays concerning Turner’s disappearance. The Government also introduced evidence that Mays had killed an unidentified individual, had received three pounds of marijuana from Daryl Lakes, and had offered to kill people for Daryl Lakes. Because this evidence was not admissible as to Fowler, the district court should have granted Fowler’s request for a limiting instruction. See Fed.R.Evid. 105. Nevertheless, the evidence against Fowler was so compelling *422 that this error was harmless, especially-considering that the evidence did not implicate Fowler in any wrongdoing or even mention him at all.
In addition, there was no error in the district court’s admission of evidence pertaining to the disappearance of an individual named Steven Gabbard. At trial, the Government introduced evidence that Fowler had murdered Gabbard because he possessed photographs that would have incriminated OMC members. Fowler contends that this evidence linking him to Gabbard’s murder was admitted under Fed.R.Evid. 404(b), and that he was therefore entitled to a limiting instruction. The evidence, however, was not admitted under Rule 404(b). Instead, it was admitted as evidence of Fowler’s guilt on the RICO conspiracy charge. The evidence was properly admitted as evidence of his guilt because it tended to show Fowler’s membership in the conspiracy by demonstrating that he was attempting to preserve the criminal enterprise by protecting it from discovery. In other words, the evidence was admissible because it showed that Fowler acted with the intent of “furthering or facilitating the criminal endeavor.”
Salinas, 522
U.S. at 65,
Furthermore, several documents challenged by Fowler were properly admitted into evidence by the district court. These documents, which pertain to previous Government investigations and prosecutions of other OMC members and a private investigation of a Government agent, were found in the possession of OMC members. Without any further analysis, Fowler asserts that these documents should not have been admitted because they were irrelevant and fraught with hearsay. However, there was no hearsay problem with the admission of these documents because they were not offered to prove the truth of the matters asserted within them. See Fed.R.Evid. 801(c). Instead, they were introduced to show that the individuals possessing the documents were associated with the OMC and were attempting to gather information about law enforcement activities and the identity of Government informants. This is relevant evidence, and the district court did not err by admitting it.
Additionally, Fowler protests the admission of what he calls “bulk exhibits” that were admitted at trial. Without identifying any particular piece of evidence — or even a single bulk exhibit — Fowler makes a generic argument that the evidence contained in these exhibits was irrelevant and therefore inadmissible. Because he has failed to identify specifically any evidence that he believes to have been improperly admitted, this argument will not be addressed.
VII.
Lastly, however, Fowler’s sentence must be vacated in its entirety because the district court erroneously imposed a 10-year consecutive sentence for the violation of 18 U.S.C. § 924(o). Fowler was indicted on, and convicted of, a charge of
conspiring
to violate § 924(c), which constitutes a violation of § 924(o). Nevertheless, the district court sentenced Fowler to a 10-year consecutive sentence based on the presentence report’s application of the mandatory minimum provided for in 18 U.S.C. § 924(c)(l)(A)(iii), and the mandatory consecutive sentence provision found in § 924(c)(l)(D)(ii). Unlike § 924(c), however, § 924(o) by its terms does not require a consecutive sentence and, similarly, § 924(c)’s mandatory míni-mums do not textually apply to violations of § 924(o).
See United States v. Stubbs,
In light of the need to vacate Fowler’s 10-year consecutive sentence on the firearms conspiracy offense, it is appropriate to vacate the sentences imposed for his RICO, RICO conspiracy, and narcotics conspiracy offenses as well. The district court’s sentencing decisions with respect to these three offenses were most likely influenced by its erroneous belief that a 10-year consecutive sentence was mandated by the § 924(o) firearms-conspiracy conviction. Had the district court known that a 10-year consecutive sentence was not required, it may very well have imposed different sentences for the other convictions. Therefore, the district court should have the opportunity to resentence Fowler on all convictions with the knowledge that a 10-year consecutive sentence is not required for the firearms-conspiracy conviction. Accordingly, Fowler’s entire sentence is vacated, and the case is remanded for resentencing.
VIII.
For the foregoing reasons, Fowler’s convictions are AFFIRMED, his sentence is VACATED, and the case is REMANDED for resentencing.
Notes
. Fowler also argues that all evidence obtained directly or indirectly from the traffic stop should have been suppressed because the defective warrant rendered the traffic stop *414 unconstitutional. He does not dispute that the warrant authorized searches of the “Person and Residence of Jason Fowler.” Instead, he argues that the stop was unconstitutional because the warrant was invalid. As explained in the text, however, the warrant was valid. Therefore, we need not address whether the stop would have been valid in the absence of a valid warrant to search the person of Jason Fowler.
. The standard of review with respect to the denial of a
Franks
hearing is unsettled.
See United States v. Stewart,
. The issue that divided our court in
Stubbs
was whether § 924(c)'s mandatory and consecutive provisions applied indirectly to a violation of § 924(o) through a cross-referencing provision in U.S.S.G. § 2K2.1.
Stubbs,