The following excerpt is from U.S. v. Khalaf, 976 F.2d 738 (9th Cir. 1992):
In this circuit, we have not resolved whether a district court's denial of a proposed jury instruction is reviewed de novo or for an abuse of discretion. United States v. Whitehead, 896 F.2d 432, 434 (9th Cir.), cert. denied, 111 S.Ct. 342 (1990). We need not resolve that issue here, as under either standard the lower court did not commit reversible error.
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