Does a jury instruction misstated an element of the statutory crime?

MultiRegion, United States of America

The following excerpt is from U.S. v. Pitner, 979 F.2d 156 (9th Cir. 1993):

This court reviews de novo the legal question of whether a jury instruction misstated an element of a statutory crime. United States v. Tham, 960 F.2d 1391, 1398 (9th Cir.1992). Jury instructions, however, do not have to be perfect to withstand challenge on appeal. Id. at 1399. "The proper inquiry is whether, considering the charge as a whole, the trial court's instructions fairly and adequately covered the issues presented, correctly stated the law, and were not misleading." Id. "Knowledge and belief are ... questions for the factfinder." Cheek v. United States, 498 U.S. 192, ----, 111 S.Ct. 604, 611, 112 L.Ed.2d 617 (1991).

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