The following excerpt is from U.S. v. Bustillo, 789 F.2d 1364 (9th Cir. 1986):
Bustillo challenges the trial court's instruction to the jury regarding the reasonable doubt standard. Because there was no objection to the instruction at trial, we review the instruction under the plain error standard. "A plain error is a highly prejudicial error affecting substantial rights." United States v. Giese, 597 F.2d 1170, 1199 (9th Cir.), cert. denied, 444 U.S. 979, 100 S.Ct. 480, 62 L.Ed.2d 405 (1979). Reversal of a criminal conviction on the basis of plain error is an exceptional remedy, which we invoke only when it appears necessary to prevent a miscarriage of justice or to preserve the integrity and reputation of the judicial process. Id. "An
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