Whether an appellate court improperly displaces the jury's role to determine guilt by assuming error occurred when the district court improperly admitted a two hour videotaped confession obtained in violation of Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure Rule 11(f), then selecting which facts established at trial apply to find the assumed error harmless

Whether an appellate court improperly displaces the jury’s role to determine guilt by assuming error occurred when the district court improperly admitted a two hour videotaped confession obtained in violation of Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure Rule 11(f), then selecting which facts established at trial apply to find the assumed error harmless. Whether the Court should limit its holding in United States v. Mezzanatto , 513 U.S. 196 (1995) to ensure that the government does not abuse its charging authority, by using at trial a videotape d confession obtained during plea discussions, in violation of Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure Rule 11(f).