The following excerpt is from U.S. v. Gianforte, 5 F.3d 541 (9th Cir. 1993):
A district court's formulation of jury instructions is reviewed for an abuse of discretion. United States v. Johnson, 956 F.2d 197, 199 (9th Cir.1992). "Whether a jury instruction misstates elements of a statutory crime is a question of law reviewed de novo." Id.
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