United States v. Edgar Steele

MEMORANDUM

Edgar J. Steele appeals his jury-trial conviction for use of interstate commerce facilities in the commission of murder for hire, in violation of 18 U.S.C. § 1958 (Count One); for aiding and abetting the use of explosive materials to commit a federal felony, in violation of 18 U.S.C. § 844 (h) (Count Two); and for possession of a destructive device in relation to a crime of violence, in violation of 18 U.S.C. § 924 (c)(l)(B)(ii) (Count Three). We have jurisdiction under 28 U.S.C. § 1291 and affirm the convictions on these counts.

Steele argues that the district court erred in its jury instructions, but concedes that he did not raise his claims before the district court. We review for plain error claims about jury instructions that were not raised in the district court. See United States v. Anguiano, 873 F.2d 1314, 1319 (9th Cir.1989). “Plain error will be found only if the error was highly prejudicial and there was a high probability that the error materially affected the verdict.” Id. (internal quotation marks omitted). We will only reverse a criminal conviction on the basis of plain error “when it appears necessary to prevent a miscarriage of justice or to preserve…