Whether the Court of Appeals' application of 'harmless error' analysis to an erroneous jury instruction violated the defendant's Sixth Amendment right to a jury trial

QUESTION PRESENTED Whether the Court of Appeals’ application of “harmless error” analysis to an erroneous jury instruction regarding the critical, specific intent element of the offense charged, when the existence of that intent was controverted at trial and formed the basis for Abidrahman Daud’s defense at trial, violated Daud’s Sixth Amendment right to a trial by jury by substituting the speculation of a three judge panel of the Court of Appeals for an actual jury determination on the factual issue of Daud’s specific intent? i