Does a supplemental instruction in a civil case allow the jury to convict on the charge of possession of bomb parts?

MultiRegion, United States of America

The following excerpt is from U.S. v. Cheely, 114 F.3d 1196 (9th Cir. 1997):

This kind of error--omission of an element of the offense from the jury instructions--is, of course, per se reversible. United States v. Gaudin, 28 F.3d 943, 952 (9th Cir.1994) (en banc), aff'd, 115 S.Ct. 2310 (1995). Thus, even if we were not required to reverse on the ground that the supplemental instruction incorrectly permitted the jury to convict on the possession of bomb parts, we would nevertheless be required to do so because the instruction failed to inform the jury as to the special intent finding required when a conviction is sought for possession of bomb parts.

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