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United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Dwayne Leron TAYLOR, Defendant-Appellant.

No. 17-15561

Decided: July 17, 2018

Before TJOFLAT, NEWSOM and BLACK, Circuit Judges. Linda Julin McNamara, U.S. Attorney Service—Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee Thomas H. Dale, Dale Law Firm, PA, Orlando, FL, for Defendant-Appellant

Dwayne Taylor appeals his convictions for nine counts of wire fraud in violation of 18 U.S.C. § 1343. On appeal, Taylor asserts the district court erred by omitting the word “willfully” from its jury instructions.

But we do not review invited error. United States v. Love, 449 F.3d 1154, 1157 (11th Cir. 2006). “It is a cardinal rule of appellate review that a party may not challenge as error a ruling or other trial proceeding invited by that party.” United States v. Fulford, 267 F.3d 1241, 1247 (11th Cir. 2001) (citation and quotations omitted). We have applied the doctrine of invited error where the party affirmatively requested or specifically agreed with the challenged action of the district court. See, e.g., United States v. Silvestri, 409 F.3d 1311, 1337 (11th Cir. 2005) (concluding that the defendant invited error when his counsel stated the jury instructions “covered the bases” and that further elaboration on the elements was unnecessary).

Here, Taylor joined with the Government in submitting joint proposed jury instructions to the district court that—consistent with the pattern instruction for wire fraud—did not include the word “willfully.” Accordingly, we decline to review Taylor’s challenge to the jury instructions based on the invited error doctrine.



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