Can a jury be found to have found that the jury instruction was erroneous?
MultiRegion, United States of America
The following excerpt is from U.S. v. Olano, 62 F.3d 1180 (9th Cir. 1995):
12 An erroneous jury instruction is susceptible to harmless error analysis and, therefore, cannot constitute per se plain error. See United States v. Smith, 891 F.2d 703, 709 (9th Cir.), cert. denied, 498 U.S. 811, 111 S.Ct. 47, 112 L.Ed.2d 23 (1990). We see no reason to presume prejudice from the district court's instruction.
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