PER CURIAM:
Charles D. Marshall, Warden of Pelican Bay State Prison, appeals the district court's grant of Cedric Roshwan Harmon's habeas corpus petition. Harmon challenges two of the twelve counts of which he was convicted because no instruction was given to the jury defining the elements of the offense constituting those two counts. Marshall concedes that the failure to instruct amounts to constitutional error, but contends that the error was harmless. The district...
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