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· 6/11/2013

United States v. John Natale

Citations

  • 719 F.3d 719
  • 2013 WL 2506660
  • 2013 U.S. App. LEXIS 11765

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that affirmative approval of jury instruction can waive later challenge, but noting that a court may still consider waived issue when interests of jus- tice so require
  • finding plain error in failure to instruct jury on one element, but deny- ing relief where overwhelming evidence on the element showed that omission did not affect defendant’s substantial rights and was harmless
  • evaluating district court’s jury instruction for violation of 18 U.S.C. § 1035
  • “[W]aiver is not an absolute bar on our consideration of issues not preserved be- low … [w]hen the ‘interests of justice’ so require, we may reach the merits of a waived issue.”
  • \Plain error requires obvious error that is clear under current law.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Flaum, Sykes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.