But for the errors of the trial court which allowed modified jury instructions that impermissibly deleted statutory elements, defendant would not have been found guilty of aggravated sexual abuse, den of proof of finding guilt was diminished by statutory manipulations in violation of Fifth and Sixth Amendments.

But for the errors of the trial court, defendant would not be guilty of Transportation of a Minor, as minor had achieved age of consent, act occurred, and element prohibiting production of child pornography rot added until four years after conduct, which violates Ex Post Facto clause.

There remains confusion amongst circuits as separate chapter definitions (§2427) is in conflict with statutory definitions section.

But for errors of trial court, imposition of special terms of supervised release is unconstitutionally overbroad in restriction of First Amendment right to free speech, and court failed to provide rationale for imposition of special terms.

But for error of Ninth Circuit Court of Appeals, Certificate of Appealability would have been granted regarding Ineffective Assistance of Counsel. Counsel failed to raise challenge to improper jury instructions or offer proper instructions, and did not raise at appeal. Issue was raised in a timely §2255 petition, though GOA denied by lower and appellate courts.

But for error of Ninth Circuit to issue a GOA, Ineffective Assistance of Counsel present in failing to subpoena or cross-examine four of six victims, and failing to provide affidavits to court despite containing exculpatory statements. Counsel failed to present any witnesses.

Whether the trial court's errors in allowing modified jury instructions that impermissibly deleted statutory elements violated the defendant's Fifth and Sixth Amendment rights