Henry Troy Wade v. United States

Whether a conviction under 18 U.S.C. §1343 must be vacated where the Government obtained a verdict under a theory materially broader than the in­ dictment-permitting conviction without a finding of personal authorship or submission of the charged digital communication—thereby constructively amen­ ding the indictment and displacing the grand jury’s charging function in violation of the Fifth Amendment and this Court’s decisions in Stirone v. United States and Ex parte Bain?

Whether the judgment is void where the district court withheld from the jury essential factual determinations concerning identity and authorship of a charged digital submission, and the jury was permitted to convict without deciding who committed the charged act, in violation of the Fifth and Sixth Amendments and this Court’s decisions in United States v. Gaudin and Sullivan v. Louisiana?

Whether dismissal of the indictment is requireed where the grand jury was presented with materially inaccurate or misleading testimony concerning identity and authorship, the Government possessed contradictory information, and the district court evaluated the defect under an incorrect legal standard rather than the “substantial influence” test required by Bank of Nova Scotia v. United States, implicating due process under Mooney v. Holohan and Napue v. Illinois?