UNITED STATES of America, Plaintiff-Appellee, v. Louise Han PEREZ; Joseph Eclavea Perez; John Velasco Cruz, Defendants-Appellants

Opinion by Judge TASHIMA; Concurrence by Judge KLEINFELD.

TASHIMA, Circuit Judge:

The issue we resolve today is the viability of this circuit’s “invited error” doctrine following the Supreme Court’s decision in United States v. Olano, 507 U.S. 725, 118 S.Ct. 1770, 123 L.Ed.2d 508 (1993). The three-judge panel (“panel”) suggested that Olano overruled that doctrine, at least in the context of jury instructions specifically requested by the defendant. United States v. Perez, 67 F.3d 1371, 1385 n. 13 (9th Cir.1995). On en banc review, we conclude that Olano limits our application of the invited…