Is a jury instruction misstated the elements of a crime in relation to the use of a firearm?
MultiRegion, United States of America
The following excerpt is from U.S. v. Baltazar, 122 F.3d 1074 (9th Cir. 1997):
Baltazar also contends that the "in relation to" jury instruction impermissibly allowed the jury to convict him of carrying a firearm during and in relation to a drug trafficking crime based solely on the availability of the firearm. We review de novo whether a jury instruction misstated the elements of a crime. See United States v. VonWillie, 59 F.3d 922, 927 (9th Cir.1995). 2
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