United States v. Stuart Gilfenbain

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Stuart GILFENBAIN, Defendant-Appellant. No. 93-10232. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided May 27, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Stuart Gilfenbain appeals pro se his convictions, which followed a jury trial, on five counts of committing, and one count of conspiracy to commit, mail fraud in violation of 18 U.S.C. Secs. 371 , 1341. Gilfenbain claims his conviction should be reversed because an ambiguous instruction likely led the jury to convict him of a scheme for which he was not indicted. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review de novo the legal question whether a jury instruction misstated an element of a statutory crime. United States v. Pitner, 979 F.2d 156, 159 (9th Cir.1992). "The proper inquiry is whether, considering the charge…