Whether a Court of Appeals can order an indictment dismissed as part of the appellate remedy

QUESTION PRESENTED Whether a Court of Appeals can, and should, order an indictment that omits an element of the crime dismissed as part of the appellate remedy given the Court’s broad remedial power in 28 U.S.C. §2106 -regardless that it would not have reviewed, or granted relief if the defective indictment were the only appellate claim; or, in other words, whether the remedy afforded a successful appellant can, and should, include dismissal of an indictment that omits an element of the offense.