The following excerpt is from U.S. v. Martinez, 945 F.2d 409 (9th Cir. 1991):
Appellants request a new trial based on the court's use of the "willingness to act" formulation of reasonable doubt as opposed to the preferred "hesitation to act" instruction. Although the "hesitation" language is preferred, use of the "willingness" language does not constitute reversible error. United States v. Robinson, 546 F.2d 309, 313-14 (9th Cir.1976), cert. denied, 430 U.S. 918 (1977). Instead, appellants must show prejudice, id., which they have not done. The appellants' related contention that the instruction was grammatically incomplete also fails. The instruction, "taken as a whole, fairly and accurately convey[ed] the meaning of reasonable doubt...." Id. at 314.
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