The following excerpt is from U.S. v. McHenry, 974 F.2d 1031 (9th Cir. 1992):
3 The district court's instructions on the conspiracy count support this conclusion. The instructions made it clear that in order to convict defendants of conspiracy, the "evidence in this case need not establish that all of the means or methods set forth in the indictment ... were actually used or put into operation...." Since we presume that jurors follow the instructions given, United States v. Escalante, 637 F.2d 1197, 1202 (9th Cir.), cert. denied, 449 U.S. 856, 101 S.Ct. 154, 66 L.Ed.2d 71 (1980), we cannot conclude that the jury believed defendants committed each and every act alleged in the indictment.
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