Is a defendant's jury instruction reviewed for abuse of discretion?
The following excerpt is from United States v. Chao Fan Xu, D.C. No. 2:02-CR-00674-PMP-LRL-1, D.C. No. 2:02-CR-00674-PMP-LRL-2, D.C. No. 2:02-CR-00674-PMP-LRL-3, D.C. No. 2:02-CR-00674-PMP-LRL-4, No. 09-10189, No. 09-10193, No. 09-10201, No. 09-10202 (9th Cir. 2013):
The denial of a defendant's jury instruction due to an inadequate factual basis is reviewed for an abuse of discretion. See United States v. Daane, 475 F.3d 1114, 1119 (9th Cir. 2007). Whether the instructions, taken as a whole, adequately cover the defense theory is a question of law reviewed de novo. See United States v. Wills, 88 F.3d 704, 715 (9th Cir. 1996).
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