Does the Court have any authority to order a review of an allegation of sexual assault made for the first time on appeal?

Neither Mkhsian nor Sogoyan objected to this instruction. In fact, Mkhsian proffered an instruction similar to the one given. ⁴ Nonetheless, review is appropriate under United States v. Kimball, 896 F.2d 1218, 1219 (9th Cir.1990), vacated, in part, 925 F.2d 356 (9th Cir.1991) (en banc), and Griffith v. Kentucky, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987). In Kimball, we noted three exceptions to the general rule that an issue raised for the first time on direct appeal will not be considered: (1) when review of the issue is required "to prevent a miscarriage of justice or to preserve the integrity of the judicial process"; (2) when the issue arises by virtue of a change in law while the appeal is pending; or (3) when the issue to be reviewed is purely legal. Kimball, 896 F.2d at 1219. Griffith recognizes that "a new rule for the conduct of criminal prosecutions

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