Did the First Circuit err in denying Robert Breest relief from judgment pertaining to the First Circuit's 1981 holding in Breest v. Perrin, 655 F.2d 1 (1981)

QUESTION(S) PRESENTED | “In light of this Court's holding in Sullivan v. Louisiana, : . 508 U.S. 275 (1993); and, Massaro Vv. United States; 123 S$.Cts a : ; 1690 ° (2003; as well as United States v. Cofske, 157 F.3d 1 SO CALL, (1998), did the First Circuit err most recently: in . : ; denying Robert Breest telief from judgment pertaining to the 7 First Circuit's 1981 holding in. Breest v. Perrin, 655 F.2d 1 : : (1981), in Breest v. Formella, 1st Cir. No. 20-1406. . . . In Breest v. Perrin, 655 F.2d 1 (1981) the First Circuit " . determined that the reasonable doubt jury instruction was. . : constitutionally infirm, just as they had declared in Dunn , ve Perrin, 570 F.2d 21 (1978), in that it called on the defendant . to prove innocence rather than the government to prove guilt,” 7 but denied relief because. defense counsel had failed to object a and Robert. Breest could not establish cause for that failure, . . however, the First Circuit:did hold and rule that the jury _ ; “charge for reasonable doubt was constitutionally infirm. a . . |. _-