Whether 18 U.S.C. §1038(a) requires proof of intent to make a reasonably believable threat

QUESTION PRESENTED Whether Counterman v. Colorado, decided after the decision below, shows that 18 U.S.C. §1038(a) should be read to require proof that the defendant intended to make a reasonably believable threat? Whether a defendant’s concession that the evidence suffices to overcome a Jackson v. Virginia challenge as to a single element of the crime necessarily implies that procedural error cannot affect substantial rights? i