United States v. Victor Val Neuroth

I write to dissent from the Court’s decision in this case, and to explain the basis for my disagreement with the Court’s reasoning.

While this is indeed a case taken to “reconsider the propriety of [United States v. ] Henderson [434 F.2d 84 (6th Cir.1970) ],” it most assuredly is not a case about “the standard of review for ‘on or about’ jury instructions when an alibi defense is presented.” The standard for review of such a case is very clear, and it is the same standard according to which we review the correctness of all jury instructions in criminal cases: whether the court has correctly…