The following excerpt is from U.S. v. Kearney, 560 F.2d 1358 (9th Cir. 1977):
Appellants complain that the district court erroneously gave jury instructions which included language that has been criticized by this court. Because appellants failed to object to these instructions below and, indeed, appellants themselves proffered the instructions at issue our review of potential error is governed by the standards of Federal Rule of Criminal Procedure 52(b). Having considered the instructions as a whole, we conclude that there was no error and that the jury was properly charged. See United States v. Clay, 476 F.2d 1211, 1214-15 (9th Cir. 1973); United States v. Scarbrough, 470 F.2d 166, 169 (9th Cir. 1972); United States v. Cummings,468 F.2d 274, 280-81 (9th Cir. 1972); Malagon-Ramirez v. United States,404 F.2d 604, 605 (9th Cir. 1968).
4. Length of Sentences
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