Whether the trial court's errors in allowing modified jury instructions that impermissibly deleted statutory elements violated the defendant's Fifth and Sixth Amendment rights

No question identified. : QUESTIONS(s) PRESENTED I. But for the errors of the trial court which allowed modified jury : instructions that impermissibly deleted statutory elements, defendant would not have been found guilty of aggravated sexual abuse. The burden of “proof of finding guilt was diminished by statutory manipulations . in violation of Fifth and Sixth Amendments. II. But for the errors of the trial court, defendant would not be guilty of Transportation of a Minor, as minor had achieved age of consent, no sex act occurred, and element prohibiting production of child pornography not added until four years after conduct, which violates Ex Post Facto ; clause. .There remains confusion amongst circuits as separate chapter : definitions (§2427) is in conflict with statutory definitions section. III. But for errors of trial court, imposition of special terms of supervised release is unconstitutionally overbroad in restriction of First Amendment right to free speech, and court failed to provide rationale for ; imposition of special terms. ; : IV. Bur for error of Ninth Circuit Court of Appeals, Certificate of Appealability would have been granted regarding Ineffective Assistance of Counsel: Counsel failed to raise challenge to improper jury instructions or offer proper instructions, and ‘did not raise at appeal. Issue was . raised in a timely §2255 petition, though COA denied by lower and appellate courts. V. But for error of Ninth Circuit to issue a COA, Ineffective Assistance o Counsel present in failing to subpoena or corss-examine four of six _ victims, and failing to provide affidavits to court despite containing exculpatory statements. Counsel failed to present any witnesses, ‘. .