The following excerpt is from U.S. v. Ducasse-Herrera, 124 F.3d 213 (9th Cir. 1997):
1 To the extent Ducasse-Herrera contends that his conviction should be vacated because the jury instructions defined the elements of section 924(c) in the disjunctive and the indictment charged the elements in the conjunctive, we reject this contention. See United States v. Bettencourt, 614 F.2d 214, 219 (9th Cir.1980) (stating that jury may convict on finding any of elements of disjunctively defined offense, despite choice of conjunctive language in indictment); see also United States v. Abascal, 564 F.2d 821, 832 (9th Cir.1977) (stating that government may charge in conjunctive that which statute prohibits in disjunctive, and evidence supporting any of the charges will support guilty verdict).
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