The following excerpt is from U.S. v. Boyland, 17 F.3d 396 (9th Cir. 1994):
The failure to give a requested instruction on the presumption of innocence does not in and of itself violate the Constitution. Kentucky v. Whorton, 441 U.S. 786, 789 (1979). The reviewing court must consider the totality of the circumstances, including the entire jury charge, the arguments of counsel and the weight of the evidence, to determine whether the omission of a presumption of innocence instruction deprived the defendant of a constitutionally fair trial. Id.
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