Whether the Fifth Circuit should apply the Chapman beyond a reasonable doubt standard rather than the substantial evidence standard to consider the harm from the erroneous use of a deliberate indifference instruction

QUESTION PRESENTED The government requested and received a deliberate indifference instruction in the criminal jury charge, over Lee's objection.’ The Fifth Circuit Court of Appeals agreed with Lee, that the evidence did not support the submission of such an instruction. The Fifth Circuit concluded the error was harmless. However, the court applied its own substantial evidence harmless error standard rather than this court's Chapman beyond a reasonable doubt harmless error standard, as applied by most other circuits. Therefore, the question presented is whether the Fifth Circuit Court of Appeals should strictly apply the Chapman beyond a reasonable doubt harmless-error standard, as most other circuits do. ’ Also referred to as a deliberate ignorance, willful blindness, ostrich, Jewell, or conscious avoidance instruction. 1