What is the "plain error" standard for a jury to determine whether a jury has failed to instruct a defendant not to enter into the trial?

MultiRegion, United States of America

The following excerpt is from U.S. v. Vargas, 19 F.3d 32 (9th Cir. 1994):

Of course, the plain error standard "only goes to the issue of reviewability and not to the issue of whether a reversal is warranted." United States v. Lopez, 575 F.2d 681, 685 (9th Cir.1978). For example, the underlying error may be plain enough to warrant review but be so "harmless" as to lack justification for reversal. See id. In examining the adequacy of a jury instruction, or lack thereof, this court should look to "the adequacy of the entire charge ... in the context of the whole trial." Mundi, 892 F.2d at 818 (quoting United States v. Marabelles, 724 F.2d 1374, 1382 (9th Cir.1984)).

2. Failure to Instruct Not Erroneous

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