Huang

MEMORANDUM *

Guo Xin Huang appeals his federal jury convictions and sentence for conspiracy to import marijuana, attempted smuggling of marijuana, and attempted importation of marijuana. As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. We reverse Huang’s convictions on all counts and remand for a new trial or further proceedings consistent herewith.

We review de novo whether a jury instruction misstates the law or violates due process by creating an unconstitutional *658 presumption or inference. United States v. Gonzalez-Torres, 309 F.3d 594, 600 (9th Cir.2002), cert. denied, — U.S. -, 123 S.Ct. 1768 , 155 L.Ed.2d 526 (2003). Jury instructions are reviewed as a whole to determine whether they are misleading or inadequate to guide the jury’s deliberation. United States v. Vallejo, 237 F.3d 1008, 1024 (9th Cir.2001), amended by 246 F.3d 1150 (9th. Cir.2001). In instructing the jury on the elements of the three charges, the district court first defined the elements of Count I, the importation-conspiracy charge. Without stating that it was moving on to Count II, the court read the statute that was the subject of Count…