The following excerpt is from U.S. v. Iseda, 8 F.3d 32 (9th Cir. 1993):
Where it appears " 'there is a genuine possibility of jury confusion or that a conviction may occur as the result of different jurors concluding that the defendant committed different acts,' " an instruction should be given to the effect that the jury may not convict unless it " 'unanimously agree[s] to a particular set of facts.' " United States v. Anguiano, 873 F.2d 1314, 1319 (9th Cir.) (quoting United States v. Echeverry, 719 F.2d 974, 975 (9th Cir.1983)), cert. denied, 493 U.S. 969 (1989). Jury confusion is demonstrated in three ways: (1) the jury actually indicates, by a note to the court, that it is confused about the nature of the conspiracy charged; (2) the indictment is sufficiently broad and ambiguous so as to present a danger of jury confusion; and (3) the evidence is sufficiently factually complex to indicate that jury confusion may occur. Id. at 1319-20.
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