The following excerpt is from Hoard v. Hartman, 904 F.3d 780 (9th Cir. 2018):
7 The standard of review is identical for jury instructions and supplemental jury instructions given in response to a jurys questions. See United States v. Castillo , 866 F.2d 1071, 1085 (9th Cir. 1988). Defendants do not argue waiver, only forfeiture. Accordingly, both parties agree that, at a minimum, plain error review applies to the district courts supplemental instruction.
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