United States v. Reginald Dean Still

The panel has voted to deny the petition for rehearing and to reject the suggestion for a rehearing en banc.

In reviewing jury instructions, “a single instruction to a jury may not be viewed in artificial isolation, but must be viewed in the context of the overall charge.” United States v. Abushi, 682 F.2d 1289, 1299 (9th Cir.1982), quoting United States v. Park, 421 U.S. 658, 674 , 95 S.Ct. 1903, 1912 , 44 L.Ed.2d 489 (1975). We give the trial judge “substantial latitude” so long as the instructions “fairly and adequately cover the issues presented.” United States v. Abushi, 682 F.2d at 1299 . Because Still neither objected to the court’s instruction on clear and convincing evidence when given the opportunity to do so, nor offered a definition of clear and convincing evidence in his proposed instructions, we review the instructions given under the “plain error” standard. United States v. Bustillo, 789 F.2d 1364, 1367 (9th Cir.1986). “Reversal of a criminal conviction on the basis of plain error is an exceptional remedy, which we invoke only when it appears necessary to prevent a miscarriage of justice or to preserve the integrity and reputation of the judicial process.” Id.;…