Omission of intent element in murder-for-hire jury instruction is not plain error where instructions as a whole stressed necessity of intent

JURY INSTRUCTION United States v. Robertson, No. 05-7020, ___ F.3d ___ (10th Cir. Jan. 23, 2007)(E.D. Oklahoma). Appeal of conviction for use interstate commerce facility (i.e., telephone) in commission of murder-for-hire in violation of 18 U.S.C. § 1958(a). HELD: Omission of intent element of crime in jury instruction on charge of use of interstate commerce facility in commission of murder-for-hire is not plain error where instructions in their entirety contained consistent theme that use of interstate commerce facility must have been with intent that murder be committed Read the opinion here.