Sproul

MEMORANDUM **

David Sproul appeals his conviction on two counts of mail fraud in violation of 18 U.S.C. § 1341 . He argues that the district court erred by (1) denying his proposed good faith jury instruction, and (2) excluding his expert witness testimony. We affirm.

Jury Instruction

The standard of review of the district court’s denial of a proposed jury instruction turns on the nature of the error alleged. See United States v. Dixon, 201 F.3d 1223, 1230 (9th Cir.2000); United States v. Knapp, 120 F.3d 928, 930 (9th Cir.1997). We review de novo whether the district court’s instructions adequately presented the defendant’s theory of the case. See United States v. Smith, 217 F.3d 746, 750 (9th Cir.2000); however, its “precise formulation” of the instructions is reviewed for an abuse of discretion. See Dixon, 201 F.3d at 1230 ; Knapp, 120 F.3d at 930 .

A mail fraud defendant has no right to a “good faith” instruction when the jury has been adequately instructed with regard to the intent required to be found guilty of the crime charged. See, e.g., United States v. Frega, 179 F.3d 793, 804 (9th Cir.1999) (where district court provided adequate instruction on specific intent…