How have the courts dealt with the first instruction and second instruction in a motion to deny an instruction?
MultiRegion, United States of America
The following excerpt is from U.S. v. Amundsen, 967 F.2d 592 (9th Cir. 1992):
With the respect to the first instruction, the government and defendant dispute whether a request was made. Even assuming that the request was properly made, we could review the denial under either the de novo or abuse of discretion standards. United States v. Whitehead, 896 F.2d 432, 434 (9th Cir.), cert. denied, 111 S.Ct. 342 (1990). Because we conclude that this argument fails under either standard, we need not choose between them.
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