Whether, after a jury trial, a federal court of appeals can take judicial notice of evidence submitted by the government for the first time on appeal to find that a jurisdictional element has been established, and, if it can, what are the applicable standards and did the evidence presented by the government on appeal satisfy those standards

question presented is: Whether, after a jury trial, a federal court of appeals can take judicial notice of evidence submitted by the government for the first time on appeal to find that a jurisdictional element has been established, and, if it can, what are the applicable standards and did the evidence presented by the government on appeal satisfy those standards. 2. Petitioner was convicted on three § 113 counts for the same course of assault. Although the highest maximum sentence under the statute is 20 years, petitioner received 30 years based on consecutive sentences. The Ninth Circuit held the sentence did not violate the “merger” doctrine in conflict with the D.C. Circuit. The question presented is: Whether consecutive sentences are authorized for multiple counts of conviction under § 113 based on the same course of assault. i