What is the current state of the law on a waived ground for acquittal under Rule 29?

On appeal, Hussain attempts to mount a challenge to the third element and argues the government failed to prove the requisite fraudulent intent. But Hussain below barely raised this issue in passing in his Rule 29 motion, and the district court unsurprisingly did not address it. Hussain thus waived the argument, and we review a waived ground for acquittal only "to prevent a manifest miscarriage of justice." United States v. Graf , 610 F.3d 1148, 1166 (9th Cir. 2010) (quotations omitted).