Question not identified.

1. Does this Court’s precedent, and due process, prohibit a federal appellate court from uphold ing a conviction on a theory of guilt that was never charged in the indictment, presented by the prosecution, or submitted to the jury? 2. Whether a wire transfer, initiated without any misrepresentation to a financial institution, constitutes “theft by false pretense” from a bank under 18 U.S.C. § 2113(b) , despite contrary rulings from the Third and Seventh Circuits? 3. Whether a defendant is denied fundamental due process when multiple trial errors — culminating in the reversal of most convictions on appeal — are deemed harmless in isolation, but collectively render the trial fundamentally unfair and the remaining verdicts unreliable ? STATEMENT REGARDING PARTIES TO THE CASE The names of all parties to the case are contained in the caption of the case. Ashley Petition for Writ of Certiorari Page iii