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.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.