Is a jury instruction that refers to short time possession an incorrect statement of the law reviewed de novo?
MultiRegion, United States of America
The following excerpt is from U.S. v. Malone, 947 F.2d 951 (9th Cir. 1991):
1 When a jury instruction is challenged as an incorrect statement of the law, it is reviewed de novo. United States v. Mundi, 892 F.2d 817, 818 (9th Cir.1989), cert. denied 111 S.Ct. 1072 (1991). Here, however, appellant claims not that the "short time of possession" instruction misstated the law, but that it misled or confused the jury.
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