What is the test for a missing witness instruction?

A missing witness instruction is appropriate if two requirements are met: (1) "[t]he party seeking the instruction must show that the witness is peculiarly within the power of the other party" and (2) "under the circumstances, an inference of unfavorable testimony [against the non-moving party] from an absent witness is a natural and reasonable one." United States v. Leal-Del Carmen, 697 F.3d 964, 974-75 (9th Cir. 2012) (internal quotation marks omitted).

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The district judge here didn't abuse his discretion by failing to give this instruction. See United States v. Bautista, 509 F.2d 675, 678 (9th Cir. 1975); see also United States v. Hinkson, 585 F.3d 1247, 1261-62 (9th Cir. 2009) (en banc).