What is the test for plain error in a motion where the defense fails to object at trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bush, 940 F.2d 669 (9th Cir. 1991):
This court reviews for plain error, the district court's instructions to the jury, where the defense fails to object at trial. Plain error is a highly prejudicial error affecting substantial rights. United States v. Bordallo, 857 F.2d 519, 527 (9th Cir.1988); United States v. Bustillo, 789 F.2d 1364, 1367 (9th Cir.1986). The plain error remedy should be used in exceptional circumstances to prevent a miscarriage of justice. Bustillo, 789 F.2d at 1367.
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