The following excerpt is from U.S. v. Herman, 902 F.2d 1580 (9th Cir. 1990):
Whether a jury instruction misstated elements of a statutory crime is a question of law that we review de novo. United States v. Spillone, 879 F.2d 514, 525 (9th Cir.1989). A district court's formulation of jury instructions is reviewed for abuse of discretion. United States v. Linn, 880 F.2d 209, 217 (9th Cir.1989).
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