Whether jury instructions omit or misstate elements of a statutory crime or adequately cover a defendant's proffered defense?

Whether jury instructions omit or misstate elements of a statutory crime or adequately cover a defendant's proffered defense are questions of law reviewed de novo. United States v. Hofus , 598 F.3d 1171, 1174 (9th Cir. 2010). We review a district court's formulation of jury

[828 F.3d 786]

instructions for abuse of discretion. Id . The trial court has substantial latitude so long as its instructions fairly and adequately cover the issues presented. United States v. Hicks , 217 F.3d 1038, 1045 (9th Cir. 2000). Jury instructions, even if imperfect, are not a basis for overturning a conviction absent a showing that they prejudiced the defendant. United States v. de Cruz , 82 F.3d 856, 86465 (9th Cir. 1996).