We review de novo whether jury instructions accurately summarize the law, “but give the district court substantial discretion to formulate the instructions... [provided that the instructions] represent[ ] a complete and correct statement of the law.” United States v. Noel, 581 F.3d 490, 499 (7th Cir.2009) (quoting United States v. Matthews, 505 F.3d 698, 704 (7th Cir.2007)). Our review can be thought of as involving two steps. First, we review the legal accuracy of a jury instruction de novo. United States v. McKnight, 665 F.3d 786, 790 (7th Cir.2011), reh'g and suggestion for reh'g en banc denied, 671 F.3d 664 (7th Cir.2012) and cert. denied,––– U.S. ––––, 132 S.Ct. 2756, 183 L.Ed.2d 626 (2012), reh'g denied,––– U.S. ––––, 133 S.Ct. 87, 183 L.Ed.2d 727 (2012). Second, if we determine that that the instruction is legally accurate at the first step, we then examine the district court's particular phrasing of the instruction for abuse of discretion. Id. at 790–91. We will reverse at this second step “only if it appears both that the jury was misled and that the instructions prejudiced the defendant.” Id. at 791 (quoting United States v. Curry, 538 F.3d 718, 731 (7th Cir.2008)).
JURY INSTRUCTIONS
STANDARD OF REVIEW = DE NOVO
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