Cook

MEMORANDUM *

Danny Cook appeals his conviction and sentence for making false statements in violation of 18 U.S.C. § 1920 . The parties recognize that the district court violated Federal Rule of Criminal Procedure 30(b) by failing to inform the parties before closing arguments that it would give an aiding and abetting instruction. Because this error was prejudicial, we reverse the judgment and remand for a new trial.

*971 Federal Rule of Criminal Procedure 30 states that “[t]he court must inform the parties before closing arguments how it intends to rule on ... requested instructions.” Fed. R.Crim. P. 30(b). “ ‘Failure to comply with Rule 30 is reversible error ... only if counsel’s closing argument was prejudicially affected thereby.’ A party suffers prejudice if it “was unfairly prevented from arguing his or her defense to the jury or was substantially misled in formulating and presenting arguments.’” United States v. Foppe, 993 F.2d 1444, 1451 (9th Cir.1993) (citations omitted) (quoting United States v. Gaskins, 849 F.2d 454, 458 (9th Cir.1988)). The question is whether this court can “conclude that the effectiveness of counsel’s argument and hence of appellant’s defense was…