Herbert Bernard Johnson v. United States
SocialSecurity HabeasCorpus
I. Should this Court grant the Petition for a Writ of Certiorari
to resolve whether the statutory language of 18 U.S.C.
§2252A(a)(5)(B)'s alternative interstate commerce elements
constitute separate offenses or alternative means to commit
the same offense and whether substitution of one interstate
commerce prong for another constitutes a structural error
when one prong is charged and another is proved at trial.
II. Should this Court grant the Petition for a Writ of Certiorari
to resolve whether and amendment between indictment and trial
of §2252A(a)(5)(B)'s alternative interstate commerce elements
constitutes harmless error when one prong is charged and
another is proved at trial.
Whether the statutory language of 18 U.S.C. §2252A(a)(5)(B)'s alternative interstate commerce elements constitute separate offenses or alternative means to commit the same offense, and whether substitution of one interstate commerce prong for another constitutes a structural error when one prong is charged and another is proved at trial