United States v. Espino, No. 16-50344 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed defendant's conviction for lying to a grand jury. Although the verdict form was clearly erroneous, the error was harmless. In this case, the verdict form indicated that the jury would have to find the defendant not guilty beyond a reasonable doubt. The panel reasoned that the jury instructions taken as a whole, read in conjunction with the verdict form, clearly outlined the burdens of proof and the reasonable doubt standard.
Court Description: Criminal Law. The panel affirmed a conviction for lying to a grand jury. Reviewing for plain error, the panel held that the verdict form – which indicated that the jury would have to find the defendant not guilty beyond a reasonable doubt – was clearly erroneous, but that the error was harmless because the jury instructions taken as a whole, read in conjunction with the verdict form, clearly outlined the burdens of proof and the reasonable doubt standard.
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