Did the Ninth Circuit err in upholding a conviction for a conspiracy other than the conspiracy charged in the indictment?

QUESTIONS PRESENTED 1. Did the Ninth Circuit err in upholding a conviction for a conspiracy other than the conspiracy charged in the indictment, on a theory raised for the first time on appeal, based on an analysis that conflicts with the authoritative decisions of this Court, and the United States Courts of Appeals for the First, Seventh, Ninth and Tenth Circuits? In addition to being a decision that conflicts with the decisions of this Court and other Courts of Appeal, it is also an important question of federal law that has not been, but should be, settled by this Court. 2. Did the Ninth Circuit in holding that the failure to renew a judgment of acquittal at the end of all the evidence results in plain error review, where nothing of significance occurred between the first such motion and the end of all the evidence, so renewing it would have been futile? This is a decision that conflicts with the decisions of Fifth and Ninth Circuits, and it is also an important question of federal law that has not been, but should be, settled by this Court. ii