How do we review a federal court's formulation of jury instructions for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from United States v. Lischewski, 20-10211 (9th Cir. 2021):

1. We review a district court's "formulation of jury instructions for abuse of discretion." United States v. Liew, 856 F.3d 585, 595 (9th Cir. 2017). We review "de novo whether those instructions correctly state the elements of the offense and adequately cover the defendant's theory of the case." Id. at 596. If an instruction is erroneous, we generally "apply harmless error analysis to determine whether an improper instruction constitutes reversible error." United States v. Munguia, 704 F.3d 596, 598 (9th Cir. 2012). If a defendant fails to object with sufficient specificity to a jury instruction, we review for plain error. See United States v. Conti, 804 F.3d 977, 981 (9th Cir. 2015).

Other Questions


In a civil case, is an instruction for abuse of discretion an instruction that a federal court should use discretion? (MultiRegion, United States of America)
Is a federal district court's "formulation of the instructions and choice of language" for abuse of discretion for the purposes of determining jury instructions? (MultiRegion, United States of America)
Is the district court's formulation of jury instructions for an abuse of the instructions for the abuse of abuse of power a sufficient or inadequate statement to guide deliberations? (MultiRegion, United States of America)
Is a federal court's formulation of jury instructions reviewed for abuse of discretion? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court review the language and formulation of a jury instruction for abuse of discretion? (MultiRegion, United States of America)
Is a federal district court's formulation of jury instructions for abuse of abuse of power a matter of law? (MultiRegion, United States of America)
How does the Court of Appeal review a sentence from a federal district court under a "deferential abuse of discretion" standard? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Is a federal court's decision not to grant discovery review reviewable only for abuse of discretion? (MultiRegion, United States of America)
If a court finds that a sanction imposed by a district court was an abuse of power, does the court have any authority to determine whether the sanction was abused or abused? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.