The following excerpt is from U.S. v. Mondaca, 990 F.2d 1264 (9th Cir. 1993):
The Mondacas also contend that the district court should have supplemented its instructions with instructions designed to guarantee that the jury reach a unanimous decision that both defendants participated in the same conspiracy charged in the indictment, and conspired with someone other than the government agent. A specific unanimity instruction is required: (1) if the jury indicates, by note to the court, that it is confused by the nature of the conspiracy; (2) if the indictment is "sufficiently broad and ambiguous so as to present a danger of jury confusion"; or (3) if the evidence is so factually complex that jury confusion may occur. United States v. Anguiano, 873 F.2d 1314, 1319-20 (9th Cir.), cert. denied, 493 U.S. 969 (1989). None of these circumstances is present here. Accordingly, the district court did not err by refusing to give a unanimity instruction.
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