What is the effect of a federal court's failure to instruct a jury to take all the evidence into account in determining a legitimate medical purpose?
MultiRegion, United States of America
The following excerpt is from U.S. v. Kaplan, 895 F.2d 618 (9th Cir. 1990):
Since appellant did not raise the objection at trial, the omission of his desired instruction must amount to a grave miscarriage of justice so as to constitute plain error. United States v. Bustillo, 789 F.2d 1364 (9th Cir.1986). However, the record shows that the district court did indeed instruct the jury to take all the evidence into account to determine the question of "legitimate medical purpose."
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