Does the court's instruction that the use of the mail must be part of the fraudulent scheme adequately cover this defense?

The court's instruction that the use of the mail must be part of the fraudulent scheme also adequately covered this defense. The question is whether the jury, had it determined that the scheme did not begin until Joetzki and Gisner began writing the bad checks, would have had adequate guidance to find that the use of the mails before this point was not a part of the scheme. While the proposed instruction might have clarified the point, it was not error to reject it. Even imperfect jury instructions will not form the basis for reversing a conviction unless they constitute an abuse of discretion. United States v. Bordallo, 857 F.2d 519, 527 (9th Cir.1988), amended 872 F.2d 334, cert. denied, 493 U.S. 818, 110 S.Ct. 71, 107 L.Ed.2d 38 (1989).

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