Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness

QUESTIONS PRESENTED I. Whether omitting an essential element of the crime in both the indictment and jury instructions may be reviewed for harmlessness as held by the Eighth Circuit, or whether these are structural errors that violate a defendant’s substantial rights and undermine confidence in the outcome of the trial proceedings as held by the Fourth Circuit? II. Whether the judicial determination of crimes “committed on occasions different from one another” under the Armed Career Criminal Act violates the Sixth Amendment right to a jury trial? i