May a court of appeals reinstate a verdict on a theory of fraud that was not pled in the indictment, not sought to be proven or argued at the trial, not advanced by the government on its appeal, and which had been disavowed by the government?

Questions Presented 1. May a court of appeals reinstate a verdict on a theory of fraud that was not pled in the indictment, not sought to be proven or argued at the trial, not advanced by the government on its appeal, and which had been disavowed by the government? 2. Where the investigation was concluded at the time of the questioning, and the only evidence on materiality is the agent’s testimony that the false answers to his questions would have no effect on the investigation, were the answers material under 18 U.S.C. §1001? i