Where the Fifth Amendment guarantees that no person shall be held to answer for a crime unless upon presentment of a Grand Jury's indictment, does the U.S. Court of Appeals violate this Constitutional safe guard when it uses an unindicted crime to deny the appeal of a petitioner's Habeas petition?

Also, when the U.S. Court of Appeals is notified, by Petitioner, that the District Court's denial of said petition involved the use of an unindicted crime, should the Court of Appeals then investigate the claim so as to not incorporate the same unindicted crime in its own decision?

Does the U.S. Court of Appeals have the jurisdiction to review a D.C. Court of Appeals' decision if that decision renders an opinion contrary to Supreme Court precedent and cannot be separated from the facts that the U.S. Court of Appeals must consider in order to hear the actual case before it.

Where the Fifth Amendment guarantees that no person shall be held to answer for a crime unless upon presentment of a Grand Jury's indictment, does the U.S. Court of Appeals violate this Constitutional safe guard when it uses an unindicted crime to deny the appeal of a petitioner's Habeas petition?