Kourtney Williams v. United States
Does Fed. R. Crim. P. 52(b) grant an appellate court discretion to independently find an essential element of an offense for which the defendant was not indicted, nor tried, nor convicted, using evidence never presented to a grand or petit jury?
Does an appellate court's affirmance of a conviction under these circumstances violate due process under this Court's decisions in Cole v. State of Arkansas, 333 U.S. 196 (1948) and Dunn v. United States, 442 U.S. 100 (1979)?
Does Fed. R. Crim. P. 52(b) grant an appellate court discretion to independently find an essential element of an offense for which the defendant was not indicted, nor tried, nor convicted, using evidence never presented to a grand or petit jury?