What is the standard of review for a defendant to appeal his conviction under the mail fraud statute?

Ordinarily, this court will review de novo a district court's interpretation of a statute. See United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.), cert. denied, --- U.S. ----, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984); United States v. Mehrmanesh, 689 F.2d 822, 827 (9th Cir.1982). Here, however, the claim on appeal was not raised below. Accordingly, the standard of review

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Benny contends that because his conduct involved the omission or non-disclosure of material facts by a non-fiduciary, the mail fraud statute cannot support his conviction. This court's recent decision in United States v. Dowling, 739 F.2d 1445, 1449 (9th Cir.1984), rev'd on other grounds, --- U.S. ----, 105 S.Ct. 3127, 87 L.Ed.2d 152 (1985), does indeed stand for the proposition that: