What is the standard of review for a defendant's proposed jury instruction on his theory of the case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Mendelsohn, 896 F.2d 1183 (9th Cir. 1990):
1 We have reviewed denials of a defendant's proposed jury instruction on his theory of the case under both de novo and abuse of discretion standards. United States v. Davis, 876 F.2d 71, 72 (9th Cir.), cert. denied --- U.S. ----, 110 S.Ct. 188, 107 L.Ed.2d 143 (1989). We need not decide the standard of review here because the outcome is the same under either. See id.
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