The following excerpt is from United States v. Razo, 20-10021 (9th Cir. 2021):
Likewise, when properly preserved below, a claim that jury instructions misstate the elements of a statutory crime is reviewed de novo. United States v. Christensen, 828 F.3d 763, 785 (9th Cir. 2015). Such errors are generally subject to harmless error review. United States v. Thongsy, 577 F.3d 1036, 1040 (9th Cir. 2009).
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