Full opinion text
PHILLIPS, Circuit Judge. From 2002 to 2007, Jerold Sorensen, an oral surgeon in California, concealed his income from the Internal Revenue Service (“IRS”) and underpaid his income taxes by more than $1.5 million. He did so by using a “pure trust” scheme, peddled by Financial Fortress Associates (“FFA”), an entity he found on the Internet. After attending an FFA seminar and consulting with its representatives, he began depositing his dental income into these trusts without reporting all of it to the IRS as income. Over the years, he also retitled valuable assets in the trusts’ names. ' In 2013, after a series of proffers, the government charged him with violating 26 U.S.C. § 7212(a) for corruptly endeavoring to obstruct and impede the due administration of the internal-revenue laws. A jury convicted him of the charged offense. On appeal, Sorensen raises seven arguments: (1) his conduct amounts to evading taxes so it is exclusively punishable under 26 U.S.C. § 7201, and not under § 7212(a); (2) the district court erred by refusing his offered instruction requiring knowledge of illegality; (3) the district court erred by giving the government’s deliberate-ignorance instruction; (4) the district court erred by instructing the jury that it could convict on any one means alleged in the indictment; (5) the district court erred by refusing to allow him to provide certain testimony from a witness in surrebuttal; (6) the prosecution misstated evidence in its closing rebuttal argument; and (7) cumulative error. Exercising jurisdiction under 28 U.S.C. § 1291, we conclude that none of Sorensen’s arguments merit relief. We affirm his conviction. I. BACKGROUND In 2000, Sorensen began looking for “a coherent sound business plan for [his] oral surgery practice_” Appellant’s App. vol. Ill at 585. He found FFA after online research. FFA offered seminars advising attendees how to reduce or even eliminate their tax liabilities using “Pure Trust Organizations” (“PTOs”). Under this system, clients learned to create so-called PTOs and open bank accounts in the trusts’ names to hold personal income and title to the clients’ assets. The clients could then deduct the money and value of the assets on their tax returns, lowering their taxable income. Sorensen did not know anyone else who used FFA’s programs. So in 2000, before attending an FFA seminar, he called FFA official Ed Akehurst. Akehurst referred him to FFA’s attorney, Melissa Sugar, a Denver attorney with a L.L.M. in tax law. Sorensen and Sugar spoke by phone several times before he attended the seminar. Sorensen testified that Sugar assured him that the program was legal. He also testified that he was impressed with Sugar because of her education and her ability to explain the program. Sugar never billed Sorensen for these calls. In October 2000, Sorensen attended his first FFA seminar in Atlanta, Georgia. At the seminar, he learned that FFA offered two different programs. The first was for clients wishing to “drop out” of the tax system altogether, and the second was for clients wishing to stay in the tax system but to limit their tax liabilities by using FFA’s pure-trust program. Sorensen chose the latter. Several seminar speakers explained different aspects of the program. One speaker presented a letter from the IRS, supposedly supporting the pure-trust system. Sugar also spoke at the seminar, explaining various banking aspects of the trusts. A third speaker, Ake-hurst, cautioned that FFA clients should not use their Social Security numbers in connection with their PTOs — supposedly to avoid identity fraud. Sorensen left the seminar impressed. At trial, Special Agent Michelle Hagem-ann, a criminal investigator with the IRS, explained how FFA’s PTO system worked. Using FFA’s services, its clients would first establish trusts. They would then pay Sugar, or another FFA affiliate, to open a bank account in the trusts’ name. In Sorensen’s case, he named the bank account Northside Management. A-though the bank account would, on paper, be in the name of the trusts, the clients themselves had authorization to withdraw funds from the bank account, meaning they could deposit or write checks from the account and use it as they pleased. Clients would deposit money (such as earned income) into the trusts’ bank account and could then access the money at will. FFA clients would also title and retitle personal assets, such as homes and automobiles, in the trusts’ names. For example, Sorensen retitled his personal residence, dental practice, and dental equipment — all of which he owned free and clear of mortgages or debt — in the names of his trusts, and then had his dental practice “pay” the trusts to “rent” his home, dental practice, and equipment. Using this approach, he began depositing dental income directly into the Northside Management bank account. After this, he would report these expenditures as business-expense deductions on his personal tax returns, avoiding taxes on those amounts. Although the deductions looked legitimate, the trusts were actually shell entities. Taxpayers legally cannot take business-expense deductions for payments to shell entities they control. See 26 U.S.C. § 183. This scheme enabled Sorensen to avoid reporting his true income to the IRS. For example, for tax year 2002, Sorensen reported $107,500 in income. After attending the seminar, Sorensen paid FFA $9,000 to create six pure trusts: OMS Management, OMS Tools, OMS Properties, Olmec Holdings, Olmec Properties, and Olmec Enterprises. Sorensen hired Sugar to open and maintain the Northside Management bank account, which was set up in the trusts’ names. She did so on September 29, 2000. Soon afterward, Sorensen began depositing his dental income into this account. Sorensen was the managing director of the trusts and controlled them. Although the account showed activity from January 2002 to September 2008, an IRS employee testified that the IRS has no record of any tax returns ever being filed for any of the trusts. Sorensen paid Sugar about $250 per year for her services, including administering the Northside Management bank account and wiring money as needed. Because Northside Management was a non-interest bearing checking account, the bank was not required- to report the account to the IRS. At trial, Sorensen testified that he “didn’t pay attention to” his bank statements enough to know whether this account, holding more than $1 million, was even accruing interest. Appellant’s App. vol. Ill at 691. Although non-interest bearing, the Northside Management account did have an Employer Identification Number (“EIN”) associated with it, with Sugar listed as the trustee. An employee of the IRS testified that the IRS had received an application from North-side Management requesting an EIN, and that the application had a notice obligating Northside Management to file a Form 1065 (partnership tax return). Even so, Northside Management never filed a Form 1065 — as shown by the IRS’s Certificate of Lack of Record Form 3500. Although Sugar was listed as the “Trustee” of the Northside Management account, Sorensen had signatory authority over it as an “administrative assistant” to Sugar. Regardless of his title, Sorensen controlled the account, and he signed all of the checks written from the account. By late 2001, Sorensen had transferred to the trusts the titles to valuable assets that he owned debt-free. These included his California home, his dental building, and his dental equipment. In addition to these asset transfers, from 2002 to 2007, Sorensen deposited into the trusts hundreds of thousands of dollars of dental income. Although Sorensen testified that he knew that using trust money from the Northside Management account for personal use created tax consequences (meaning he had to pay taxes on that money), he still did so without paying taxes. For instance, Sorensen used that money to build and furnish a second personal residence in Utah valued at well over a million dollars, to purchase automobiles, and to give gifts to family members. At trial, he testified that the second home in Utah was an investment for the trusts. Soon after establishing the pure trusts, Sorensen approached his longtime accountant and family friend, Rita Sharp, seeking assurances about FFA’s pure-trust program. Sharp testified that she had difficulty understanding the program and that Sorensen told her that an FFA-seminar speaker had said that most accountants would, not understand it. After reviewing the program, Sharp was so concerned that she did some outside research, including indirectly reaching out to the IRS. After hearing back, she reported to Sorensen that the IRS “considered [the pure trusts] a scheme.” Appellant’s App. vol. II at 291-92. She informed Sorensen that if he continued to use the PTO program, she would no longer prepare his tax returns. At trial, she testified that “[t]he point that struck me as most obvious was the fact that we didn’t have to get a Federal ID number to establish this trust.” Appellant’s App. vol. II at 288. She explained to Sorensen that despite FFA’s direction, entities must always obtain one for reporting purposes. In 2002, she prepared Sorensen’s tax returns one last time. In this final return, she included a disclosure statement regarding the trusts. After Sharp declined to provide Soren-sen more services, Sorensen hired Wayne Paul — an accountant FFA referred to him — to prepare his business tax returns. Sorensen testified that he believed in Paul and thought he was a competent CPA because FFA had referred him. He also felt that Paul had a national reputation, apparently based on his being a brother to Ron Paul, a former Texas congressman. Also beginning in 2003, Sorensen hired H & R Block to prepare his personal tax returns. Sorensen testified that “the cost was certainly a factor” in using H & R Block rather than Paul for his personal tax returns. R. vol. Ill at 641. He explained not having told H & R Block about the high balance of Northside Management’s account — in excess of a million dollars— because “it was not asked for.” Appellant’s App. vol. II at ¿42. At trial, Agent Hagemann testified that during a proffer session, Sorensen had told her that from 2003-2004 he had diligently looked for “either an attorney or a CPA that would validate” the pure-trust program, but he did not find anyone. Appellant’s App. vol. IV at 890-91. He admitted ignoring this “red flag.” Appellant’s App. vol. Ill at 700-01; Appellant’s App. vol. IV at 891, 893. He also admitted that he should have had someone else review the program’s legality. In 2004, Sorensen attended another FFA seminar in San Diego, California. At trial, he testified that while at the seminar, he overheard Jim Gailey, an accountant affiliated with FFA (he had been one of the speakers at the Atlanta seminar in 2001), say that because FFA’s pure trusts do not require EINs, the IRS cannot track them. Sorensen wrote down this information in his notebook, intending to explore it later, but never did so. Sorensen acknowledged that he should have seen Gailey’s statement as “another red flag.” Appellant’s App. vol. IV at 892. In May 2007, IRS Special Agent Greg Flynn executed a federal search warrant at Sugar’s law office. By August 2007, Sorensen knew about the search warrant but still continued to use FFA’s PTO program. In one of his proffers with Agent Hagemann, and confirmed during his testimony, Sorensen said that after learning about the search, he questioned why he was still using the FFA program, and he wondered “whether the same thing would happen” to him. Appellant’s App. vol. Ill at 704. Agent Hagemann testified that Sorensen told her in the proffer meeting that “he was in too deep, he couldn’t get out, and he didn’t want to pay the tax.” Appellant’s App. vol. IV at 893. Also in 2007, Sorensen first approached CPA Keith Wilcox, his son’s father-in-law, to discuss his “situation” with the IRS. Wilcox testified that “[i]t was very obvious to [him] that the purpose for the meeting was that [Sorensen] ... wanted to convince his wife that what they were doing and what was going on was completely legal_” Appellant’s App. vol. Ill at 732. After an extensive analysis, Wilcox helped Sorensen prepare his amended tax returns. Wilcox testified that he told Soren-sen he believed the trusts were “a complete sham.” Appellant’s App. vol. Ill at 734. Although Wilcox prepared the amended returns, Sorensen ignored Wilcox’s advice and did not file them for another two years, based, he said, on his personal attorney’s advice. In 2008, Agent Hagemann sent Soren-sen a letter by certified mail notifying him that he was the target of a criminal investigation. Sorensen refused to sign for the letter. At trial, he explained that an FFA-seminar speaker had advised against accepting certified mail from the IRS if a client did not know what the mail contained. Later, when Agent Hagemann came to his office, he locked the doors and refused her entrance. When he realized that Agent Hagemann was investigating him, he followed FFA’s advice and sent her a public-servant’s questionnaire, requesting personal information including her home address, birthday, and social security number. Sorensen’s defense theory was that he believed the PTOs were legal when he used them. At trial and on appeal, he admits that the “payments” made to the PTOs were not legitimate business deductions because their only purpose was to avoid paying taxes. He also admits that neither the PTOs nor Northside Management ever filed a tax return. Sorensen also admits on appeal that between 2002 and 2007, he underpaid his taxes by more than $1.5 million. For example, in 2000 — before using the pure trusts — Sorensen paid just over $210,856 in federal taxes. In 2002, after he began using the pure trusts, he paid only $11,798 in federal taxes. In November 2013, a federal grand jury sitting in Colorado indicted Sorensen, charging him with violating the omnibus clause of 26 U.S.C. § 7212(a) by “corrupt[ly] endeavoring] to obstruct or impede due administration of the Internal Revenue laws....” Appellant’s App. vol. I at 11. At trial, the primary issue was whether the statute required knowledge of illegality and whether Sorensen had acted with such knowledge. Sorensen testified that during the time charged in the indictment, he had believed the PTOs were legal. The defense argued that Sorensen was a gullible, naive man, unaware that his conduct violated the law. In support, Sor-ensen relied upon a forensic psychiatrist, Dr. Dana Cogan, M.D., who testified that Sorensen was “law abiding,” “very naive,” and easily manipulated by others. Appellant’s App. vol. IV at 780-83, 802-04. In 2014, the jury convicted Sorensen of corruptly endeavoring to obstruct or impede the due administration of the internal-revenue laws, in violation of § 7212(a)’s omnibus clause. Although the advisory guideline range was 51 to 63 months, the statutory maximum was 36 months, which became the advisory range. The district court varied downward, sentencing him to 18 months of imprisonment. Sorensen timely appealed. On appeal, Sorensen raises seven issues: (1) that his conduct amounts to evading taxes and so is punishable under 26 U.S.C. § 7203, which, he says, thus precludes prosecution for obstructing or impeding the tax laws under § 7212(a); (2) that the district court erred by refusing to give a knowledge-of-illegality jury instruction; (3) that the district court erred by giving a deliberate-ignorance instruction; (4) that the district court erred by allowing the jury to convict on any one of the “means” charged in the indictment; (5) that the district court erred by disallowing Soren-sen from presenting surrebuttal evidence; (6) that the prosecution’s closing rebuttal argument misstated the evidence; and (7) that the errors taken cumulatively amount to reversible error. We conclude that none of Sorensen’s arguments have merit. For the following reasons, we affirm the district court. II. DISCUSSION A. Availability of Charge Under 26 U.S.C. § 7212(a) The jury convicted Sorensen under the “omnibus clause” of § 7212(a) for “corruptly ... endeavoring] to obstruct or impede, the due administration of this title” 26 U.S.C. § 7212(a) (2012). Sor-ensen generally contends that, as a matter of law, the government must prove something more than tax evasion for a conviction under this statute. We review de novo questions of statutory interpretation. United States v. Sturm, 672 F.3d 891, 897 (10th Cir.2012). To establish a violation of § 7212(a)’s omnibus clause, the government must prove that the defendant “in any other way, corruptly ... endeavors to obstruct or impede, the due administration of [Title 26].” As noted in United States v. Williamson, 746 F.3d 987, 992 (10th Cir.2014), “the federal appellate courts have agreed (although with some insignificant variations in language) on the definition of corruptly ...: ‘To act “corruptly” is to act with intent to gain an unlawful advantage or benefit either for oneself or for another.’” (emphasis in original); see also United States v. Winchell, 129 F.3d 1093, 1098 (10th Cir.1997) (declaring that “to act corruptly [under § 7212(a) ] means to act with the intent to secure an unlawful benefit either for oneself or another”). Here, the district court included this same language in its instruction. In addition, we have cited favorably other cases broadly interpreting § 7212(a)’s omnibus clause. For instance, in United States v. Wood, 384 Fed.Appx. 698 (10th Cir.2010) (unpublished), we approved the Eleventh Circuit’s statement that “‘corruptly’ ... prohibits] all activities that seek to thwart the efforts of government officers and- employees in executing the laws enacted by Congress.” Id. at 703 (quoting United States v. Popkin, 943 F.2d 1535, 1540 (11th Cir.1991)). Further emphasizing § 7212(a)’s broad scope, we concluded that “even legal actions violate § 7212(a) if the defendant commits them to secure an unlawful benefit for himself or others.” Id (quoting United States v. Wilson, 118 F.3d 228, 234 (4th Cir.1997)). Sorensen argues that the government improperly charged tax obstruction under § 7212(a) when its evidence instead showed tax evasion under § 7201. He contends that when a taxpayer’s conduct results in evaded taxes, the government must charge tax evasion under § 7201 and not obstructing or impeding the due administration of the tax code under § 7212(a)., He asserts that “obstruction requires something more than simply tax evasion, false tax filings, and non-filings[,]” conduct specifically proscribed at 26 U.S.C. §§ 7201 and 7203. Appellant’s Br. at 10; see 26 U.S.C. §§ 7201, 7203, 7206 (2012). He claims that this court has “not had to set boundaries between [tax] evasion and [tax] obstruction” and asks that we do so now. Appellant’s Br. at 12. The government rejects Soren-sen’s proposition. Because Congress enacted separate tax-crime statutes, the government has the “plenary power to choose which charge it will bring.” Appellee’s Br. at 14. The Supreme Court “has long recognized that when an act violates more than one criminal statute, the Government may proseeute[ ] under either....” United States v. Batchelder, 442 U.S. 114, 123-24, 99 S.Ct. 2198, 60 L.Ed.2d 755 (1979); see also Ball v. United States, 470 U.S. 856, 859, 105 S.Ct. 1668, 84 L.Ed.2d 740 (1985) (recognizing “the Government’s broad discretion to conduct criminal prosecutions, including its power to select the charges to be brought in a particular case”); United States v. Beacon Brass Co., 344 U.S. 43, 45, 73 S.Ct. 77, 97 L.Ed. 61 (1952) (“At least where different proof is required for each offense, a single act or transaction may violate more than one criminal statute.”); Gavieres v. United States, 220 U.S. 338, 342, 31 S.Ct. 421, 55 L.Ed. 489 (1911) (“A single act may be an offense against two statutes; and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution and punishment under the other”) (quoting Morey v. Commonwealth, 108 Mass. 433, 434 (1871)). Based on this legal principle, it follows that the government is free to charge tax obstruction even when the underlying conduct includes (or may be argued to include) tax-evasive conduct. We now turn to why tax evasion and tax obstruction are not identical crimes. In Williamson, we rejected the argument that “corruptly” has the same meaning as “willfully” as used to prove tax evasion under 26 U.S.C. § 7201 — the “voluntary, intentional violation of a known legal duty.” 746 F.3d at 991 (emphasis in original) (quoting Cheek v. United States, 498 U.S. 192, 201, 111 S.Ct. 604, 112 L.Ed.2d 617 (1991)). Further, we noted that Congress chose to use two different elements — corruptly versus willfully — to define the separate mens-rea requirements in defining the separate tax crimes. Id. at 991-92. In addition to these differences, it is also important to consider that the two statutes provide different penalties. Willfully evading taxes is the more serious crime, punishable by up to five years of imprisonment, while corruptly obstructing or impeding the due administration of the tax laws is punishable by up to three years. The difference in penalties suggests that a violation of § 7212(a) requires different culpability and wrongdoing than a violation of § 7201. In support of his argument that the government had no discretion to charge his case under § 7212(a), Sorensen directs us to the Department of Justice’s evolving commentary on charging decisions under § 7212(a). In U.S. Department of Justice Tax Div., Criminal Tax Manual § 3.00, Tax Division Directive No. 129 (2004), the Tax Division of the Department of Justice advised its personnel of its view about when a charge under § 7212(a)’s omnibus clause would be “particularly appropriate” (for “corrupt conduct that is intended to impede an IRS audit or investigation”) and “[could] also be authorized” (for “large-scale obstructive conduct involving the tax liability of third parties,” even occurring pre-audit or pre-investigation). It also instructed that the charge “should not be used as a substitute for a charge directly related to tax liability — such as tax evasion or filing a false tax return — if such a charge is readily provable.” Id. If Soren-sen is claiming that this agency directive somehow compels that we reverse his conviction, we disagree for at least two reasons. First, we will not second-guess the government’s view about what is “readily provable” and what is not. We find it interesting that Sorensen apparently concedes that a tax evasion conviction- — even with its strict “willfully” mens-rea requirement — was readily provable. But that decision properly belongs with the government. Second, “criminal laws are for courts, not for the Government, to construe.” Abramski v. United States, — U.S. -, 134 S.Ct. 2259, 2274, 189 L.Ed.2d 262 (2014); see also United States v. Apel, - U.S. -, 134 S.Ct. 1144, 1151, 186 L.Ed.2d 75 (2014) (“[W]e have never held that the Government’s reading of a criminal statute is entitled to any deference.”). Moreover, “non-compliance with internal departmental guidelines is not, of itself, a ground of which defendants can complain.” United States v. Ivic, 700 F.2d 51, 64 (2d Cir.1983) (citing United States v. Caceres, 440 U.S. 741, 99 S.Ct. 1465, 59 L.Ed.2d 733 (1979)), abrogated on other grounds by Nat’l Org. for Women, Inc. v. Scheidler, 510 U.S. 249, 114 S.Ct. 798, 127 L.Ed.2d 99 (1994). In addition to the DOJ’s internal guidance, Sorensen relies on Wood, where we stated that it “is a questionable proposition” whether failure to file tax returns constitutes a “corrupt! ] endeavor to obstruct and impede the due administration of the internal revenue laws.” 384 Fed. Appx. at 708. Although we need not decide that matter today, we still adhere to that view. For starters, we note that failure to file tax returns under § 7203 is punishable as a misdemeanor, while tax obstruction is punishable as a felony. Because of this disparity, we agree with Wood’s hesitation to allow proof of a misdemeanor to prove a felony. But this same concern does not apply to tax evasion, a felony even more severely punished than obstructing or impeding due administration of the tax code. And Sorensen’s case involves obstruction going beyond simply evading his taxes — for instance, he used FFA’s pure trusts with no EIN, which prevented the IRS from tracking them. This obstructed and impeded the IRS in duly administering the tax code. Next, Sorensen contends that cases applying § 7212(a) to tax-evasion conduct have “typically involvefd] conduct of tax professionals extending beyond a defendant’s own returns.” Appellant’s Br. at 13. As a lead case, he cites United States v. Popkin, 943 F.2d 1535 (11th Cir.1991). True enough, the defendant in that case was not. the person directly benefitting from impeding or obstructing the IRS from duly administering the tax laws. Instead, he was a drug-dealer’s attorney who created an offshore corporation to help his client repatriate drug proceeds and avoid paying taxes. Id. at 1536. While Soren-sen correctly points out that Popkin involved a perpetrator occupying a different position than Sorensen’s, we see nothing in Popkin limiting the reach of § 7212(a)’s omnibus clause to third parties helping impede or obstruct due administration of the tax laws. Rather than focusing on who committed the crime, we conclude that the proper focus is on what conduct sufficed to prove that someone had corruptly obstructed or impeded the due administration of the tax laws. Popkin favors the government here, because the conduct— setting up the offshore corporation to avoid taxes — is similar to Sorensen’s conduct in setting up trusts and the Northside Management bank account. It would make little sense to conclude that Soren-sen’s helpers could violate § 7212(a), but he could not. Cf. United States v. Melot, 732 F.3d 1234, 1237 (10th Cir.2013) (listing the means of defendant’s indictment for his § 7212(a) convictions as his opening bank accounts with false Social Security numbers and EINs; depositing receipts from his businesses to bank accounts titled in the names of nominees; depositing cash in amounts less than $10,000 to avoid reporting requirements; titling property in the name of nominees; and maintaining a foreign bank account); Wood, 384 Fed.Appx. at 704-05 (affirming conviction under § 7212(a)’s omnibus clause for means specified in the indictment, including transferring funds into offshore bank accounts from which to draw tax-free money, by way of foreign-issued debit-cards for his clients’ friends and associates). Sorensen next argues that we should limit § 7212(a)’s scope because our Circuit’s cases under that section have all involved prosecutions for “prototypical acts of obstruction.” Appellant’s Br. at 12 (citing Williamson, 746 F.3d at 989 (filing a bogus “claim of lien against the [IRS] agents’ real and personal property”)); United States v. Thompson, 518 F.3d 832, 855 (10th Cir.2008) (presenting agent with “a false, back-dated loan document” of pending IRS investigation); United States v. Winchell, 129 F.3d 1093, 1094-99 (10th Cir.1997) (sending threatening and harassing notices and bills to IRS agents). By this, we understand Sorensen to be arguing that it necessarily follows that § 7212(a)’s omnibus clause is so limited. We reject this on the same basis that the Eleventh Circuit did in Popkin when addressing a similar argument. There, the defendant argued that the court should limit the omnibus clause to “claim[s] of the use of force or threats of force against an individual agent or employee,” because “the government has never used § 7212(a) for prosecutions in which there was not [such a claim].” 943 F.2d at 1539. The court concluded that the government’s earlier choice of prosecutions “proves nothing. ...” Id. Instead, the court relied on the statute’s plain language to affirm the conviction. Id. We agree with that approach. Even if the government had never prosecuted someone in Sorensen’s position — and it did so in Melot and Wood — we still would look to the statute’s plain language and conclude that Sorensen’s charge fits within the omnibus clause. B. Jury Instructions Sorensen next challenges three of the district court’s jury instructions. First, he contends the district court erroneously refused to give a knowledge-of-illegality instruction. Second, he argues the court erroneously gave a deliberate-ignorance instruction. And third, he argues the court erroneously gave an instruction that allowed the jury to convict on any one of the “means” alleged in the indictment. We review a district “court’s decision on whether to give a particular jury instruction for abuse of discretion and view[ ] the instructions as a whole de novo to determine whether they accurately informed the jury of the governing law.” Williamson, 746 F.3d at 990 (quoting United States v. Villegas, 554 F.3d 894, 900 (10th Cir.2009)). We look particularly at whether the jury, considering the instructions as a whole, was misled. United States v. Smith, 13 F.3d 1421, 1424 (10th Cir.1994). “Only where the reviewing court has ‘substantial doubt that the jury was fairly guided’ will the judgment be disturbed.” Id. (quoting United States v. Mullins, 4 F.3d 898, 900 (10th Cir.1993)). After undertaking our review, we conclude that none of Sorensen’s claims have merit. i. Knowledge-of-illegality instruction First, Sorensen challenges the district court’s instruction on § 7212(a) because he claims it did not inform the jury that he could be guilty only if he intentionally violated a known legal duty. The district court’s instructions set forth the following elements of the offense: First: The defendant in any way corruptly; Second: Endeavored to; Third: Obstruct or impede the due administration of the internal revenue laws. “Endeavor” means to knowingly and intentionally make any effort which has a reasonable tendency to bring about the desired result. It is not necessary for the government to prove that the “endeavor” was successful. To act “corruptly” is to act knowingly and dishonestly, with the specific intent to gain an unlawful advantage or benefit either for oneself or for another by subverting or undermining the due administration of the internal revenue laws. To “obstruct or impede” is to hinder or prevent from progress; to slow or stop progress; or to make accomplishment difficult and slow. The phrase “due administration of the internal revenue laws” means the Internal Revenue Service of the Department of the Treasury carrying out its lawful functions to ascertain income; compute, assess, and collect income taxes; audit tax returns and records; and investigate possible criminal violations of the internal revenue laws. Appellant’s App. vol. I at 100. The court refused Sorensen’s proffered instruction that “[t]he Defendant must have known the advantage or benefit sought was unlawful.” R. vol. I at 76; R. vol. IV at 949-50. At trial, Sorensen’s counsel objected to the omission. On appeal, Sorensen contends that the jury was not instructed on the proper mens rea element. He asserts that the district court should have instructed the jury that knowledge of illegality is required. We review de novo the question of whether a district court incorrectly instructed a jury on the law. United States v. Porter, 745 F.3d 1035, 1040 (10th Cir.2014). “When we review a claim of error relating to jury instructions, we read and evaluate the instructions in light of the entire record to determine if they ‘fairly, adequately and correctly state the governing law and provide the jury with an ample understanding of the applicable principles of law and factual issues confronting them.’ ” Coletti v. Cudd Pressure Control, 165 F.3d 767, 771 (10th Cir.1999) (quoting United States v. Barrera-Gonzales, 952 F.2d 1269, 1272 (10th Cir.1992)). Even when the district court fails to include an element of the crime in the instruction (including a mens rea element), we still apply the harmless error rule, asking “whether it appears ‘beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.’ ” Neder v. United States, 527 U.S. 1, 15, 119 S.Ct. 1827, 144 L.Ed.2d 35 (1999) (quoting Chap man v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967)); see also United States v. Sierra-Ledesma, 645 F.3d 1213, 1217 (10th Cir.2011). In support of his argument, Sorensen relies on Williamson. In Williamson, decided under the plain-error standard, we left “to another day whether a conviction under § 7212(a) requires that the defendant knew that the advantage or benefit he sought was unlawful and, if so, whether the instruction here would adequately inform a jury of that requirement.” 746 F.3d at 992. The instruction in Williamson included some of the same language as Sorensen’s instruction: “To act ‘corruptly’ is to act with the intent to gain an unlawful advantage or benefit either for' oneself or for another.” Id. at 990 (alterations in original). And Williamson made the same argument as Sorensen: that the instruction was flawed because it did not instruct the jury that it must find that he knew that the advantage or benefit was unlawful. Reviewing for plain error, we concluded that Williamson did not meet the second prong of review — that the error was plain. Id. at 992-93. We explained that Williamson had not cited any decision (much less one from- this court or the Supreme Court) holding that this instruction, as written, would not already require knowledge of illegality. Id. In light of his failure to demonstrate the alleged error was plain, we declined to decide this question. Id. at 992. ’ Thus, Sorensen is correct that the Williamson court declined to decide whether this quoted definition of “corruptly” already requires knowledge of illegality. But as in Williamson, we need not decide that question. Here, in language beyond that given to the jury in Williamson, the district court instructed the jury that to act corruptly, the defendant must have acted “knowingly and dishonestly, with the specific intent to gain an unlawful advantage or benefit either for oneself or for another by subverting or undermining the due administration of the internal revenue laws.” Appellant’s' App. vol. I at 100 (emphasis added). Other circuits have concluded that this instruction — with “knowingly and dishonestly” added — requires proof that the defendant knew his actions were unlawful. See United States v. Dean, 487 F.3d 840, 853 (11th Cir.2007); United States v. Saldana, 427 F.3d 298, 303 (5th Cir.2005). Considering the “knowingly and dishonestly” language in Sorensen’s jury instruction, we cannot perceive how the jury could have convicted him without finding that he knew that his actions were illegal. How could one act knowingly and dishonestly, with the specific intent to gain an unlawful advantage, without knowing that the advantage is unlawful? By requiring Sorensen’s acts be done “knowingly and dishonestly,” the district court had already required proof of knowledge of illegality. The district court’s instruction on good faith also supports our conclusion. The instruction states that: Dr. Sorensen submits that his actions surrounding the use of the FFA pure trust program were not corrupt as he was acting in good faith. A defendant does not act corruptly if he believes in good faith that he is acting within the law, or that his actions comply with the law. A person acts in good faith when he acts in accordance with an honestly held belief, opinion or understanding, even though the belief, opinion or understanding is inaccurate or incorrect. The burden of proof is not on the defendant to prove good faith as a defendant has no burden to prove anything. However, you may consider the reasonableness of the defendant’s belief together with all the other evidence in the case in determining whether the defendant held the belief in good faith. As I have already instructed you, the government must prove beyond a reasonable doubt that the defendant acted corruptly. Appellant’s App. vol. I at 104-05. When reviewing jury instructions as a whole, we must look at whether the jury was misled. Smith, 13 F.3d at 1424. Because the jury did not acquit, we know it found that Sorensen did not in good faith believe he was acting within or complying with the law (the entire basis of his defense at trial). Therefore, any argument he now makes that-he reasonably believed he was acting within the law — e.g., his reliance on Sugar, Paul, or the IRS letter — runs counter to the jury’s decision. The jury’s rejection of Sorensen’s good-faith defense is entirely consistent with a finding that he knew his conduct was illegal — or even that he sheltered himself from this knowledge by deliberate ignorance. Moreover, the last sentence of the instruction reminding the jury that the government must prove that-Sorensen acted corruptly tied right back to the district court’s instruction defining “corruptly”— “to act knowingly and dishonestly, with the specific intent to gain an unlawful advantage or benefit either for oneself or for another by subverting or undermining the due administration of the internal revenue laws.” Appellant’s App. vol. I at 100. Finally, Sorensen suggests that the government can only charge tax obstruction under § 7212(a) when the defendant knows of a pending IRS investigation or audit. He relies on United States v. Kassouf, 144 F.3d 952 (6th Cir.1998), in which the Sixth Circuit concluded that “due administration of the Title [under § 7212(a) ] requires some pending IRS action of which the defendant was aware.” Id. at 957. The Sixth Circuit compared the language of § 7212(a) to the facially similar language in the obstruction-of-justice statute, 18 U.S.C. § 1503(a), and found them sufficiently similar to apply the Supreme Court’s reasoning in United States v. Aguilar, 515 U.S. 593, 599, 115 S.Ct. 2357, 132 L.Ed.2d 520 (1995), to both. Id. at 956-57. Aguilar concerned the obstruction-of-justice statute, and construed the following statutory language: Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or pet-it juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate, in the discharge of his duty, or injures any such grand or petit juror in his person or property on account of any verdict or indictment assented to by him, or on account of his being or having been such juror, or injures any such officer, magistrate judge, or other committing magistrate in his person or property on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to in fluence, obstruct, or impede, the due administration of justice, shall be punished as provided in subsection (b). 18 U.S.C. § 1503(a) (emphasis added). In comparison, § 7212(a) states: Whoever corruptly or by force or threats of force (including any threatening letter or communication) endeavors to intimidate or impede any officer or employee of the United States acting in an official capacity under this title, or in any other way corruptly or by force or threats of force (including any threatening letter or communication) obstructs or impedes, or endeavors to obstruct or impede, the due administration of this title, shall, upon conviction thereof, be fined not more than $5,000, or imprisoned not more than 3 years, or both, except that if the offense is committed only by threats of force, the person convicted thereof shall be fined not more than $3,000, or imprisoned not more than 1 year, or both. The term “threats of force”, as used in this subsection, means threats of bodily harm to the officer or employee of the United States or to a member of his family. (emphasis added). In Aguilar, the Supreme Court held that obstruction of justice requires a defendant’s knowledge of a pending proceeding. 515 U.S. at 599, 115 S.Ct. 2357. Sorensen argues that we should follow Kassouf. In Wood, 384 Fed.Appx. at 703-04, we expressed skepticism of the Sixth Circuit’s approach. After examining the two provisions, we found that the obstruetion-of-justice statute that the Sixth Circuit had relied on is “substantially different than § 7212(a).” Id. at 704. While obstruction of justice deals with “specific prohibitions of conduct that interferes with actual judicial proceedings^]” a defendant can violate § 7212(a) without an “awareness of a particular action or investigation, for example, by thwarting the annual reporting of income.” Id. We agree with Wood and disagree with Kassouf. We do not think the two statutes are sufficiently similar to apply Aguilar’s reasoning to § 7212(a). Because § 1503(a) requires that a defendant must corruptly endeavor to influence, intimidate, or impede any juror, officer of the court, or magistrate judge in court-related duties, it inherently requires that the obstructive conduct take place during an ongoing proceeding. In contrast, § 7212(a) does not require an ongoing proceeding when a defendant “corruptly ... endeavor[s] to obstruct or impede the due administration of’ the tax laws. See United States v. Floyd, 740 F.3d 22, 31-32 & n. 4 (1st Cir.2014) (concluding that “[a] conviction for violation of section 7212(a) does not require proof of ... an ongoing audit,” citing Wood approvingly, and declaring that Kassouf was not good law). In many instances, the IRS does duly administer the tax laws even before initiating a proceeding. We believe that the jury instruction defining “due administration of the internal revenue laws” further supports our view. Illustrating how the IRS duly administers the internal-revenue laws, it includes the IRS’s “carrying out its lawful functions to ascertain income; compute, assess, and collect income taxes.... ” Appellant’s App. vol. I at 100. In its computing taxes owed, for instance, the IRS need not open a proceeding. We note that Sorensen did not object to the instruction defining “due administration of the internal revenue laws” and that he has not contended on appeal that giving the instruction was plain error. ii. Deliberate-ignorance instruction Next, Sorensen challenges the district court’s giving a deliberate-ignorance instruction. The district court instructed the jury that “knowledge can be inferred if the defendant deliberately blinded himself to the existence of a fact. Knowledge can be inferred if the defendant was aware of a high probability of the existence of the fact in question, unless the defendant did not actually believe the fact in question.” Appellant’s App. vol. I at 102. When a defendant challenges a district court’s instructing a jury on deliberate-ignorance, we review de novo. United States v. de Francisco-Lopez, 939 F.2d 1405, 1409 (10th Cir.1991); see also United States v. Anaya, 727 F.3d 1043, 1060 (10th Cir.2013). In United States v. Baz, 442 F.3d 1269, 1271 (10th Cir.2006), we held that a deliberate-ignorance instruction is appropriate where a defendant “denies knowledge of an operant fact but the evidence, direct or circumstantial, shows that defendant engaged in deliberate acts to avoid actual knowledge of that operant fact.” Id. at 1271-72. A deliberate-ignorance instruction is appropriate upon two showings: “(1) the defendant must subjectively believe that there is a high probability that a fact exists and (2) the defendant must take deliberate actions to avoid learning of that fact,” Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. 754, 131 S.Ct. 2060, 2070, 179 L.Ed.2d 1167 (2011). Sorensen defended the charge by denying that he knew FFA’s pure-trust program was illegal, and particularly that he knew that the IRS considers them illegal. Thus, we must determine whether this case is an appropriate one for the district court to have given a deliberate-ignorance instruction. The district court noted that the instruction is generally “not favored,” Appellant’s App. vol. IV at 950, but found it appropriate in this case because of the' evidence showing that Sorensen had been told early-on that the IRS considered pure-trust programs like FFA’s to be a scheme, and knew of other “red-flags” suggesting illegality. Appellant’s App. vol. IV at 950. Sorensen argues that the instruction was unwarranted because he did not deny knowledge of any fact — he only denied criminal intent. “[W]here the trial court refused to instruct on knowledge of illegality, there was no disputed knowledge element to which the deliberate ignorance instruction could attach.” Appellant’s Br. at 22. Therefore, he contends, giving the instruction was erroneous. The government describes Soren-sen’s argument as mere semantics when he argues that the knowledge in question must be of an “operative fact.” Appellee’s Br. at 23. It submits United States v. Santos, 553 U.S. 507, 521, 128 S.Ct. 2020, 170 L.Ed.2d 912 (2008), where the Supreme Court approved a willful-blindness instruction in a money laundering case to establish “knowledge that the transaction involves profits of unlawful activity[.]” 533 U.S. at 521, 121 S.Ct. 2381. Similarly here, we think the instruction assisted the jury in determining whether the government had proved Sorensen’s knowledge of facts bearing on the pure trusts’ illegality. See United States v. Hilliard, 31 F.3d 1509, 1515 (10th Cir.1994) (referencing a regulatory board’s position on the legality of defendant’s actions as one of the facts the deliberate-ignorance instruction could reach). Moreover, Sorensen himself admits that courts have upheld a deliberate-ignorance instruction in other tax-crime cases in which knowledge of illegality was required. See United States v. Stadtmauer, 620 F.3d 238, 254-57 (3d Cir.2010) (rejecting defense argument that such an instruction was contrary to Cheek). Sorensen’s argument is also refuted by United States v. Fingado, 934 F.2d 1163 (10th Cir.1991), where we upheld a deliberate-ignorance instruction when a defendant “was aware of a high probability that his understanding of the tax laws was erroneous and consciously avoided obtaining actual knowledge of his obligations.” Id. at 1166. Similarly in this case, the government provided considerable evidence that Sorensen had at least attempted to remain deliberately ignorant of the pure trusts’ illegality: (1) early on, Rita Sharp warned Sorensen that the IRS considered pure-trust programs like the FFA’s to be a scheme, which Sorensen admitted was a red flag; (2) Sorensen admitted that, before becoming involved with FFA, he had never sought the advice of CPAs or attorneys unaffiliated with FFA; (3) although Sorensen had Wayne Paul prepare his business tax returns, he had H & R Block prepare his personal tax returns; (4) Sor-ensen testified that he never told H & R Block about the balance exceeding $1 million in the Northside Management bank account because “it just never came up”; (5) Sorensen refused to accept a certified letter from the IRS, on FFA’s advice; and (6) despite concerns about the federal search warrant executed at Sugar’s office, Sorensen continued to use FFA because by then, he said, “he was in too deep, he couldn’t get out, and he didn’t want to pay the tax.” Appellant’s App. vol. III at 687-88, 893. When considered as a whole, there is ample evidence to support the notion that Sorensen deliberately avoided learning that the IRS deemed the pure trusts illegal. Sorensen tries to distinguish his case from Fingado, claiming instead the facts of his ease are more analogous to Hilliard, 31 F.3d at 1510-14. In Hilliard, we reversed a jury’s conviction after concluding that the deliberate-ignorance instruction was' inappropriate in a situation where the facts “involv[ed] somewhat complicated financial transactions combined with professional legal and accounting advice of varying quality, some of which was heeded, and some of which was not.” Id. at 1516. The defendant in Hilliard, the director and president of National Savings Bancorporation of Colorado, was convicted of misapplication of funds, which rested in part on a series of deferred tax transactions he made. Id. at 1510, 1513. As part of our explanation for why the deliberate-ignorance instruction was inappropriate in this case, we stated that the defendant never denied actual knowledge of the Federal Home Loan Bank Board’s position that these transactions violated the applicable statute. Id. at 1515. Rather, we explained that the defendant questioned the Board’s position based on (1) his own prior experience, (2) a discussion he had with regulatory counsel at the bank, and (3) an opinion letter from the bank’s regulatory farm. Id. In contrast, Sorensen rests his entire defense on his lack of knowledge regarding the illegality of the pure trusts. He never claims to have discussed the trusts’ legal status with anyone at the IRS or even consulted the IRS website. While he contends that he received professional advice that his actions were legal — from Sugar and Paul — his circumstance is different from Hilliard’s because all of his advice came (directly or indirectly) from those selling him the illegal product (FFA). And this was due to Sorensen’s own, knowing choice. Therefore, we see significant differences between Sorensen’s ease and Hilliard, and conclude that his case fits more closely under Fingado. In conclusion, we think the evidence is more than sufficient to support the deliberate-ignorance instruction. A deliberate-ignorance instruction is appropriate where the defendant “purposely contrived to avoid learning all of the facts in order to have a defense in the event of a subsequent prosecution.” United States v. Soussi, 316 F.3d 1095, 1106 (10th Cir.2002). Here, Sorensen’s actions went beyond merely “heeding the wrong advice,” as he portrays it. Appellant’s Br. at 24. The government put forth more than enough evidence to allow the judge to instruct the jury on deliberate ignorance. Therefore, we conclude that the district court did not err in giving the deliberate-ignorance instruction. in. Conviction by any one means Third, Sorensen challenges the jury instruction that allowed the jury to convict Sorensen based on any one of the “means” alleged in the indictment. The language of the instruction read: Your verdict must represent the collective judgment of the jury. In. order to return a verdict, it is necessary that each juror agree to it. Your verdict, in other words, must be unanimous. In this regard, the indictment alleges that the defendant endeavored to obstruct or impede the due administration of the Internal Revenue laws through a variety of different means. The government does not hhve to prove all of these different means for you to return a guilty verdict. But in order to return a guilty verdict, all twelve of you must agree upon one or more listed means, which you find constituted a corrupt endeavor to obstruct or impede the due administration of the Internal Revenue laws. . Appellant’s App. vol. I at 106. Because neither party had requested a unanimity instruction, the district court created one sua sponte since it thought such an instruction “was appropriate.” Appellant’s App. vol. IV at 940. Upon the court’s presenting of its first draft of the instruction, Sorensen’s counsel objected to it on two grounds: (1) it allowed the jury to convict upon agreeing on any one of the means, not specifying which, and (2) it did not require that the jury unanimously find all of the indictment’s listed means. The government did not object to the instruction, saying it had assumed the defense would “want some sort of unanimity” and that “the Defense would want it [the instruction].” Appellant’s App. vol. IV at 942. Upon later revisiting the unanimity instruction, the district court declared that the instruction was “needed, and not doing it — not giving some instruction in this vein gets us into the realm of plain error, invited error, waiver, and other things about appellate issues that I’m not going to go down.” Appellant’s App. vol. IV at 951. As a “tweak” to the instruction, the district court added language to ensure that the jury’s unanimously finding a listed means did not end its inquiry — that it still must independently find that the listed means “constitute^] an endeavor to ob-struct_” Id. at 952, 1038. In response, Sorensen’s counsel directed the court to the Tenth Circuit’s Pattern Jury Instruction § 1.24, at 39 (2011), pointing out that it and the case law made it “very clear ... that unanimity is not an appropriate concept when you are talking about the means of committing the crime.” Id. at 954. The district court stuck with its proposed instruction, explaining that “I think the cases that are cited, as I said, use the word ‘means’ in a slightly different way.” Id. We see Sorensen making two different arguments in his challenge to the instruction. First, he argues that the, district court erred by giving the instruction at all. Second, in a more particular objection, Sorensen argues that the district court erred by allowing the jury to convict after unanimously agreeing on the fifth or sixth means listed in the indictment — underre-porting income or failing to file tax returns — because that conduct, by itself, is legally insufficient to fulfill all of § 7212(a)’s requirements. a. Erroneous Instruction Sorensen argues that the district court erred in even giving the unanimity instruction on “means.” On this ground, he filed a written objection in the district court, asserting that the “instruction should not be given.” Appellant’s App. vol. I at 75. Thus, he has preserved this argument for appeal. “When reviewing claims of error in regard to jury instructions, we review the instructions as a whole de novo to ensure that the applicable law was correctly stated and review for an abuse of discretion a trial court’s refusal to give an instruction as specifically requested by a party.” United States v. Allen, 603 F.3d 1202, 1213 (10th Cir.2010) (citing United States v. McClatchey, 217 F.3d 823, 834 (10th Cir.2000)). We will reverse “only in those cases where [we have] a substantial doubt whether the jury was fairly guided in its deliberations.” Martinez v. Caterpillar, Inc., 572 F.3d 1129, 1132 (10th Cir.2009). As mentioned, neither party requested a unanimity instruction — the court provided one sua sponte. To create the instruction, the district court borrowed from the unanimity pattern jury instruction on “Unanimity of Theory.” The actual pattern jury instruction reads: Your verdict must be unanimous. Count _ of the indict- ment accuses the defendant of committing the following acts: [description of individual acts]. The government does not have to prove all of these different acts for you to return a guilty verdict on. count But in order to return a guilty verdict, all twelve of you must agree upon which of the listed acts, if any, the defendant committed and that he committed at least [number of acts identified above] of the acts listed. Tenth Circuit Criminal Pattern Jury Instructions § 1.24 at 39 (2011) (emphasis added). The instruction’s Use Note explains that it is intended to be given when “the government introduces evidence that the defendant has committed multiple acts which may constitute an element of the crime.” Tenth Circuit Criminal Pattern Jury Instructions § 1.24 Use Note, at 39 (2011). To illustrate the “acts” described, the use note refers to predicate felonies required to prove a continuing criminal enterprise under 21 U.S.C. § 848. Id. (citing Richardson v. United States, 526 U.S. 813, 817-18, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999)). In Richardson, the Court held that a jury must “agree unanimously about which specific violations make up the ‘continuing series of violations’ ” required under § 848. 526 U.S. at 815, 119 S.Ct. 1707. It rejected the jury instruction that had allowed a conviction if the jury unanimously agreed that the defendant had committed at least three federal narcotics offenses but did not agree which three. Id. at 816, 119 S.Ct. 1707. Sorensen’s charge is far different from Richardson’s, and § 1.24 of our pattern jury instructions does not apply to his case. Perhaps recognizing this, the district court modified it by replacing the pattern instruction’s “acts” with “means”: In this regard, the indictment alleges that the defendant endeavored to obstruct or impede the due administration of the Internal Revenue laws through a variety of different means. The government does not have to prove all of these different means for you to return a guilty verdict. But in order to return a guilty verdict, all twelve of you must agree upon one or more listed means, which you find constituted a corrupt endeavor to obstruct or impede the due administration of the Internal Revenue laws. Appellant’s App. vol. I at 106 (emphasis added). By modifying the instruction’s language in this way, the court took the novel course of requiring the jury’s unanimity on at least one means listed in the indictment. Although the -district court’s instruction kept the pattern instruction’s general structure, it overlaid it with a different legal question. No longer anchored in Richardson’s holding, the modified instruction carried no cited support for its legal rule. By requiring unanimity on a “listed” means, the instruction also ignored the indictment’s language charging that Sorensen violated § 7212(a) “by the following means, among others....” Appellant’s App. vol. IV at 1031 (emphasis added). We are not at all convinced the government was required to do so. Thus, we agree with Sorensen that the district court erred in giving the instruction. But we agree with the government that it helped him and did not prejudice him. Absent the instruction, the jury could have convicted without unanimously agreeing on any of the listed means. As such, the instruction effectively increased the government’s burden in proving its case. While we disapprove of the instruction, we do not see how it harmed Sorensen. b. The Fifth and Sixth Means — Underre-porting Income and Failure to File Tax Returns Before us, Sorensen narrows his argument to say that the district court erred in giving the instruction because it allowed the jury to convict him by agreeing on insufficient means, the indictment’s fifth and sixth listed ones: underreporting his income and failing to file tax forms for Northside Management or tax returns for his pure trusts. As previously discussed, Sorensen contends that the conduct in these means is legally insufficient to satisfy § 7212(a)’s requirements. After carefully reviewing the record, wé conclude that Sorensen failed to object in the district court to the instruction on these bases. In his brief, Sorensen points to his counsel’s written objection to giving the instruction at all and cites to Pattern Jury Instruction § 1.24 and its Use Note. But that objection does not make this particular argument. Thus, we review for plain error. See United States v. Fabiano, 169 F.3d 1299, 1301-03 (10th Cir.1999). To establish plain error, Sorensen bears the burden of showing: (1) error, (2) that is plain, (3) that affects his substantial rights, and (4) would seriously affect the fairness, integrity, or reputation of the proceedings. Id. (citing Johnson v. United States, 520 U.S. 461, 466-67, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997) and United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993)