In other words, the Defendant must show “ ‘a reasonable probability that, but for [the error claimed], the result of the proceeding would have been different.’ ”  United States v. Padilla, 415 F.3d 211, 221 (1st Cir.2005)(en banc)(quoting United States v. Dominguez Benitez, 542 U.S. 74, 82, 124 S.Ct. See Castile, 795 F.2d at 1275. United States v. Cornier-Ortiz, 361 F.3d 29, 32 (1st Cir.2004). 1827.

Because Defendant failed to object to the instruction, we review for plain error. Defendant must demonstrate that an “error” actually occurred. We consider the first two prongs of plain error review together. 1443, 103 L.Ed.2d 734 (1989). at 1281.Defendant contends that the letters here were similarly investigatory in nature and thus served to undermine-rather than advance-his fraudulent scheme. at 106 (emphasis added). 1 ¶ 12.) 1239, 90 L.Ed. She later discovered that she had been pulled off of the plane after fellow passengers became suspicious of the amount of time each man spent in the restroom. But once a court sets out to define each element of an offense in addition to summarizing, it cannot wipe the slate clean of erroneous specific definitions by pointing to the correctness of general summaries.

As the insurance company's routine investigation had to end before Defendant could obtain payment, this portion of the letter discussed a “necessary step in the continued relationship between the defendant and the insurance company,” which advanced Defendant's fraudulent scheme. 1827. Mich. 2014), appeal dismissed (Feb. 6, 2015)) Throughout the November and December 2014, several settlement conferences were held between the remaining defendants and the plaintiff--wherein a settlement was reached between the parties. 1827, 144 L.Ed.2d 35 (1999) (holding that the omission of a single element of a criminal offense from a jury instruction is not structural error). 2333. As we have explained, the “in furtherance” requirement is a subpart of the mailing element in the statute.

Although we have observed that “the scheme's completion or the prevention of its detection must have depended in some way on the mailings,” United States v. Pacheco-Ortiz, 889 F.2d 301, 305 (1st Cir.1989) (citation omitted), we have not required a “but-for” link between a mailing and the fraudulent scheme.

Testimony elicited on cross-examination of Peter Rolashevich by defense counsel indicated that his letter on behalf of Commerce was an ordinary, “stock” letter in accord with insurance business practices.Thus, the record indicates that, at the time the Rolashevich letter was mailed, Commerce was engaging in standard claims investigation and processing practices not characterized by a particular, pre-existing suspicion of Defendant. 645;  Pereira, 347 U.S. at 8-9, 74 S.Ct. 645;  Pereira, 347 U.S. at 8-9, 74 S.Ct. Donald L. Cabell, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellees.

Defendant contends there is no evidence that these letters furthered his scheme to collect on the insurance policy, and that no rational jury could have concluded otherwise.

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