The following excerpt is from U.S. v. Padilla-Duran, 43 F.3d 1480 (9th Cir. 1994):
We review for abuse of discretion the district court's formulation of jury instructions. United States v. Powell, 955 F.2d 1206, 1210 (9th Cir.1992). The district court did not abuse its discretion in giving the Pinkerton instruction. 2
A. Propriety of Giving a Pinkerton Instruction
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