The following excerpt is from U.S. v. Loza-Romero, 122 F.3d 1075 (9th Cir. 1997):
Because the jury instructions as a whole failed to fulfill the purposes of the presumption oe innocence instruction, due process was violated. Failure to give a presumption of innocence instruction is reversible error when the instructions as a whole do not fulfill the dual purposes of the presumption of innocence instruction--emphasizing that the burden of proof beyond a reasonable doubt is on the government, and cautioning the jury to rely only on evidence introduced at trial, rather than being influenced by official suspicion. United States v. Payne, 944 F.2d 1458, 1465-66 (9th Cir.1991).
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