Does a judge's refusal to correct his supplemental instructions to include "willful membership" as an element of the crime of conspiracy be grounds for reversal of a conviction?

2 In Velez, we held that the district judge's refusal to correct his supplemental instructions to include "willful membership" as an element of conspiracy was a ground for reversal of the appellant's conviction. Factors not found here that shaped the decision there included: the requested clarification was for "all of the counts;" there was an immediate defense objection to the omission of an essential element of the crime of conspiracy; the judge refused to correct the charge; the request came after a day-and-a-half of jury deliberation when the jurors were clearly having difficulty understanding the elements of the charge; and the judge did not caution the jury that the supplemental charge should be taken in the context of the entirety of the instructions. Most importantly, the element omitted in the instruction, the willfulness of the defendant's membership, was the crux of the appellant's vigorously argued defense, namely, that she was not a knowing participant in the conspiracy. United States v. Velez, 652 F.2d at 261-62.