The following excerpt is from U.S. v. Dischner, 974 F.2d 1502 (9th Cir. 1992):
"We review a claim of error in a jury instruction by looking to 'the adequacy of the entire charge ... in the context of the whole trial.' " United States v. Mundi, 892 F.2d 817, 818 (9th Cir.1989) (quoting United States v. Marabelles, 724 F.2d 1374, 1382 (9th Cir.1984)), cert. denied, --- U.S. ----, 111 S.Ct. 1072, 112 L.Ed.2d 1178 (1991). Whether the instructions correctly explained the law and the elements of fraud is reviewed de novo. Id. However, "we may look beyond the instructions themselves and examine the indictment and the entire trial in context." Id. at 819.
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