Can a defendant bring a motion for vacatur based on an erroneous jury instruction?
MultiRegion, United States of America
The following excerpt is from United States v. Mumuni, 15-1842 (2nd Cir. 2016):
1. A defendant seeking vacatur based on an erroneous jury instruction must demonstrate both error and prejudice. United States v. Quinones, 511 F.3d 289, 313 (2d Cir. 2007). We review de novo challenges to jury instructions and we will reverse "only where the charge, viewed as a whole, either failed to inform the jury adequately of the law or misled the jury about the correct legal rule." Id. at 314 (internal citation and quotation marks omitted).
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