In what circumstances will a jury be instructed on co-conspirator vicarious liability?
MultiRegion, United States of America
The following excerpt is from U.S. v. Montgomery, 150 F.3d 983 (9th Cir. 1998):
In United States v. Moore, 109 F.3d 1456 (9th Cir.), cert. denied, --- U.S. ----, 118 S.Ct. 108, 139 L.Ed.2d 61 (1997), we explained that allegedly confusing jury instructions are reviewed "in the context of the entire trial to determine if they were misleading or inadequate to guide the jury's deliberations." Id. at 1465 (quotation marks and citation omitted). Here, the district court instructed the jury on co-conspirator vicarious liability as follows:
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