When a defendant challenges the sufficiency of the evidence for his conviction, may a court of appeals affirm based on a theory different from the one the Government presented to the jury?

QUESTION PRESENTED FOR REVIEW When a defendant challenges the sufficiency of the evidence for his conviction, may a court of appeals affirm based on a theory different from the one the Government presented to the jury? No. In the Supreme Court of the United States NATHANIEL AUSBIE, PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Nathaniel Ausbie asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on March 21, 2022.