The following excerpt is from U.S. v. Sanchez-Lima, 161 F.3d 545 (9th Cir. 1998):
"A specific instruction which is defective in respect to the burden of proof is not remedied by correct general statements of law elsewhere given in the charge unless the general statement clearly indicates that its consideration must be imported into the defective instruction." De Groot v. United States, 78 F.2d 244, 253 (9th Cir.1935) (internal citations omitted). Here, the district court's three general instructions on the burden of proof do not clearly indicate that they apply to the defective self-defense instruction. Instruction No. 5 merely stated that "[t]he government has the burden of proving every element of the charge beyond a reasonable doubt. If it fails to do so, you must return a not guilty verdict." This instruction, by its express terms, applied to the elements of the charge as opposed to the elements of an affirmative defense, such as self-defense. Instruction No. 6 stated that "[i]f after consideration of all the evidence, you are not convinced beyond a reasonable doubt that the defendant is guilty, it is your duty to find the defendant not guilty." This instruction also failed to inform the jury that the government had to disprove beyond a reasonable doubt any claim of self-defense. Finally, instruction No. 8 stated that "the law never imposes upon a defendant in a criminal case the burden or duty of calling any witnesses or producing any evidence because the burden of proving guilt beyond a reasonable doubt is always assumed by the government." Again nowhere in this instruction is reasonable doubt mentioned in connection with self-defense.
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