The following excerpt is from U.S. v. Peral-Cota, 988 F.2d 125 (9th Cir. 1993):
We review the district court's formulation of jury instructions for abuse of discretion. United States v. Johnson, 956 F.2d 197, 199 (9th Cir.1992). However, "[w]hether a jury instruction misstates elements of a statutory crime is a question of law reviewed de novo." Id.
With respect to Count One, the trial judge instructed the jury that
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