Cervantes-Sanchez

MEMORANDUM *

Fabian Cervantes-Sanchez appeals his conviction for Conspiracy to Distribute a Controlled Substance and Aiding and Abetting Possession with Intent to Distribute a Controlled Substance. He alleges that a number of errors occurred at his trial. Because the jury instruction given by the district court regarding reasonable doubt was potentially misleading, we reverse and remand for retrial. We decline to address Cervantes-Sanchez’s other claims since they are mooted by the relief we order here.

If given over an objection, whether a jury instruction accurately states the law is reviewed de novo, United States v. Terry, 911 F.2d 272, 278-79 (9th Cir.1990), and its effect on the verdict is reviewed for harmless error, United States v. Lopez, 100 F.3d 98, 103 , 103 n. 10 (9th Cir.1996), cert. denied, 520 U.S. 1231 , 117 S.Ct. 1824 , 137 L.Ed.2d 1031 (1997). The instruction must be viewed as a whole. United States v. Tham, 960 F.2d 1391, 1399 (9th Cir.1991).

*176 Here, over defense counsel’s objection, the jury instruction given regarding reasonable doubt stated in relevant part:

It is the last line quoted above that causes us concern. Even when the entire reasonable doubt…