The following excerpt is from U.S. v. Urrutia, 897 F.2d 430 (9th Cir. 1990):
The appellants argue that the district court erred by instructing the jury that when the statute reads in the disjunctive and the indictment pleads in the conjunctive, the jury need only find that one of the alternative allegations was proved. In other words, the appellants contend that Count 10 of the indictment charges two separate and distinct offenses (intent to commit a larceny and intent to commit a felony) and that the Government should have been required to prove both. The question of whether a statute contains two separate offenses or merely one offense that may have been committed by different means is one of statutory interpretation which is reviewed de novo. Iannelli v. United States, 420 U.S. 770, 782, 95 S.Ct. 1284, 1292, 43 L.Ed.2d 616 (1975).
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