The following excerpt is from U.S. v. Lowe, 76 F.3d 389 (9th Cir. 1996):
The appropriate standard of review for the denial of a defendant's proposed jury instruction "is dependent on the nature of the error alleged." United States v. Duran, 59 F.3d 938, 940 (9th Cir.1995), cert. denied, 64 U.S.L.W. 3379 (U.S. Nov. 27, 1995). The jury instruction issue here is whether the district court properly defined materiality. As this is an issue of law, we review de novo.
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