Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and thus violate Fifth Amendment grand jury and double jeopardy protections, deny the right to jury unanimity guaranteed under Article III, § 2 and the Sixth Amendment of the United States Constitution, and subvert statute of limitations protections?

QUESTION PRESENTED The questions presented in this case are as follows: Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and thus violate Fifth Amendment grand jury and double jeopardy protections, deny the right to jury unanimity guaranteed under Article Ill, § 2 and the Sixth Amendment of the United States Constitution, and subvert statute of limitations protections? Should a constructive amendment of the indictment necessarily result in per se prejudice or structural error requiring reversal even where the constructive claim is not raised below, or should the claim be subject to the plain error standard of review requiring a showing of prejudice?