context: Augustine argues that the trial court erred in not defining "public place" to the jury. Augustine, however, failed to raise this issue at trial, and the trial court's failure to define the term "public place" did not constitute plain error.
citation_a.signal: see
citation_a.identifier: 552 F.3d 1053, 1059
citation_a.parenthetical: "A [trial] court does not commit plain error by failing to define a word when it is a common word which an average juror can understand and which the average juror could have applied to the facts of [the] case without difficulty."
citation_a.sentence: See United States v. McCaleb, 552 F.3d 1053, 1059 (9th Cir. 2009) (“A [trial] court does not commit plain error by failing to define a word when it is a common word which an average juror can understand and which the average juror could have applied to the facts of [the] case without difficulty.”) (quotation marks and citation omitted); see also id. (holding trial court did not err in failing to define “manufacture”); United States v. Garza-Juarez, 992 F.2d 896, 910 (9th Cir. 1993) (holding that failure to define “possession” was not plain error); United States v. Chambers, 918 F.2d 1455, 1460 (9th Cir. 1990) (holding that failure to define “knowingly” was not plain error).
citation_b.signal: see also
citation_b.identifier: 918 F.2d 1455, 1460
citation_b.parenthetical: holding that failure to define "knowingly" was not plain error
citation_b.sentence: See United States v. McCaleb, 552 F.3d 1053, 1059 (9th Cir. 2009) (“A [trial] court does not commit plain error by failing to define a word when it is a common word which an average juror can understand and which the average juror could have applied to the facts of [the] case without difficulty.”) (quotation marks and citation omitted); see also id. (holding trial court did not err in failing to define “manufacture”); United States v. Garza-Juarez, 992 F.2d 896, 910 (9th Cir. 1993) (holding that failure to define “possession” was not plain error); United States v. Chambers, 918 F.2d 1455, 1460 (9th Cir. 1990) (holding that failure to define “knowingly” was not plain error).