The following excerpt is from U.S. v. Keiser, 57 F.3d 847 (9th Cir. 1995):
"[T]here is some dispute over the appropriate standard of review when a trial court rejects certain types of proposed jury instructions." United States v. Dinkane, 17 F.3d 1192, 1200 (9th Cir.1994). "Whether a jury instruction correctly sets forth the elements of a statutory crime is a question of law reviewed de novo. The district court's formulation of these elements for the jury is reviewed for abuse of discretion." United States v. Reese, 2 F.3d 870, 883 (9th Cir.1993) (citations omitted), cert. denied, --- U.S. ----, 114 S.Ct. 928, 127 L.Ed.2d 220 (1994). In this case, the appellant does not claim that the jury instructions were wrong as a matter of law, or that they failed to set forth the elements of the defense. Rather, he claims that the model instruction on self-defense and defense of another was "not appropriate under the facts." Because this argument appears to be a challenge to the district court's "formulation" of the elements of the defense, we conclude that abuse of discretion is the appropriate standard of review.
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