Does a district court's denial of a proposed jury instruction be reviewed de novo or for abuse of power?
MultiRegion, United States of America
The following excerpt is from U.S. v. Anshen, 993 F.2d 884 (9th Cir. 1993):
While there is some uncertainty whether a district court's denial of a proposed jury instruction is reviewed de novo or for an abuse of discretion, see United States v. Streit, 962 F.2d 894, 897 (9th Cir.1992), proper identification of the issue in dispute usually resolves the question. See United States v. Gomez-Osorio, 957 F.2d 636, 642 (9th Cir.1992) ("the question turns on the issue for review").
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