MICHAEL MUSACCHIO, PETITIONER v. UNITED STATES
Supreme Court of the United States, Thomas, Filed Jan. 25, 2016,
(Federal) Statute of Limitations – Statute of Limitations defense under 18 USC 3282(a) can not be raised for the first time on appeal

I got excited because I thought the USSC was finally going to rule on the 18 USC 1030 “exceeds authorized access” circuit split. Alas, no.

(Federal) Sufficiency of Evidence – improper jury instruction – when a jury instruction sets forth all the elements of the charged crime but incorrectly adds one more element, a sufficiency challenge should be assessed against the elements of the charged crime, not against the erroneously heightened command in the jury instruction”

The USSC qualified their holding in a footnote:

In resolving the first question presented, we leave open several matters.
First, we express no view on the question whether sufficiency of the evidence at trial must be judged by reference to the elements charged in the indictment, even if the indictment charges one or more elements not required by statute.
Second, we do not suggest that the Government adds an element to a crime for purposes of sufficiency review when the indictment charges different means of committing a crime in the conjunctive.
Third, we also do not suggest that an erroneous jury instruction cannot result in reversible error just because the evidence was sufficient to support a conviction.