Is the omission of an essential element of an offense from jury instructions harmless if there is sufficient evidence to support a conviction of a related uncharged offense?

QUESTION PRESENTED FOR REVIEW Petitioner was convicted in the Southern District of Florida on charges of presenting false immigrant visa applications, contrary to 18 U.S.C. § 1546(a), and conspiracy to present such applications. At petitioner’s trial, the jury instructions omitted the offense element of presenting the relevant forms and failed to include any instruction regarding the venue of the presentation offenses. The Eleventh Circuit held that there was sufficient evidence that petitioner violated an uncharged subsection of § 1546(a) (making a false statement, as opposed to presenting one), rendering omission of the presentation element not plainly erroneous, and found any failure of proof of venue to be unreviewable because petitioner failed to timely challenge improper venue in the district court. The questions presented are: 1. Is the error of omission of an essential element of an offense from jury instructions rendered harmless by the sufficiency of evidence to support a conviction of a related uncharged offense? 2. Does a defendant’s failure to object to venue permit the district court to exercise jurisdiction over an offense outside its territorial and statutory jurisdiction and bar review of the venue error? i INTERESTED PARTIES There are no parties interested in the proceeding other than those named in the caption of the case. ii