Does the court allow defense counsel to proceed with closing argument under the mistaken assumption that the jury will receive a certain instruction?

Therefore, the court hardly "allow[ed] defense counsel to proceed with closing argument under the mistaken assumption that the jury will receive a certain instruction." United States v. McCown, 711 F.2d 1441, 1452 (9th Cir. 1983). Any prejudice resulting from the supplemental instruction was defense counsel's own fault for relying on a mistaken theory of law that had already been explicitly rejected by the court. We will not reverse because the court foiled defense counsel's attempt to mislead the jury on the law.