Whether a party that first raises an issue on appeal has per se waived plain error review

QUESTIONS PRESENTED 1. Whether a party that first raises an issue on appeal has per se waived plain error review because it did not raise the issue in the trial court or in post-trial briefing though the Circuit has ruled that the correction of legal issues are the function of the appellate court? 2. Whether the joint approval of erroneous jury instructions is invited error that is a per se waiver to plain error review? In diverting from this Court’s prior precedent in United States v. Olano, and in conflict with the Ninth Circuit, the Third Circuit in its precedential decision joins the Fourth Circuit in ruling that approval of erroneous jury instructions is invited error, and therefore waiver not reviewable under plain error.