Does the failure to object to the trial court's instruction to make a special finding of intent to kill constitute an exercise of reasonable professional judgment?

3 Furthermore, the failure to object to the trial court's jury instruction to make a special finding of intent to kill may be considered an exercise of reasonable professional judgment. United States v. Olson, 925 F.2d 1170, 1175 n. 7 (9th Cir.1991).

4 Furthermore, we note that petitioner's counsel did object to the prosecutor's comments regarding petitioner's failure to submit to a psychiatric interview. The trial court sustained this objection and instructed the jury that the prosecutor's comment was not evidence. Jurors are presumed to have performed their official duties faithfully. United States v. Hendrix, 549 F.2d 1225, 1230 (9th Cir.), cert. denied, 434 U.S. 818, 98 S.Ct. 58, 54 L.Ed.2d 74 (1977).