Does the jury have to be instructed on the elements of mail fraud during the RICO instructions?

MultiRegion, United States of America

The following excerpt is from U.S. v. Mason, 26 F.3d 134 (9th Cir. 1994):

Immediately following the court's instructions regarding the RICO count, the jury was instructed on the elements of mail fraud. Noyer alleges that the jury should have been instructed on the elements of mail fraud during the RICO instructions, as well as during the mail fraud instructions. However, he cites no authority for this proposition. Thus, we find that the jury was adequately instructed on the elements of mail fraud in a sufficiently contemporaneous manner to the RICO instructions. The jury is presumed to have properly followed the court's instructions. United States v. Olano, 113 S.Ct. 1770, 1781 (1993).

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