Can a defense counsel for the Spans appeal the instructions of the District Court's instructions de novo on sexual assault?
MultiRegion, United States of America
The following excerpt is from U.S. v. Span, 970 F.2d 573 (9th Cir. 1992):
Defense counsel for the Spans objected to this instruction at the time it was given, and thereby preserved the record for appeal on this issue. We review the district court's instructions de novo because this issue presents the question whether the elements of a statutory offense were accurately presented to the jury. Armstrong, 909 F.2d at 1243 (quoting United States v. Spillone, 879 F.2d 514, 525 (9th Cir.1989), cert. denied, --- U.S. ----, 111 S.Ct. 210, 112 L.Ed.2d 170 (1990)).
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