Issue: (1) Whether Neder v. United States permits a court conducting a
harmless-error analysis in the context of an “alternative
theory” case to consider only the strength of
the government’s case on the legally valid theory,
without regard to whether the defendant contested
that theory enough to create a factual dispute that
rationally could have been resolved in the defendant’s
favor; and (2) whether a court conducting a harmless-error
analysis in the context of an “alternative theory”
case may categorically exclude the defendant’s testimony
in his own defense on the legally valid theory.
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