United States v. Claret Echeverry

The opinion, 698 F.2d 375 , is modified by adding the following paragraphs:

The trial judge did give to the jury a single general instruction that their verdict had to be unanimous. This court has held that in a routine case when a jury is presented with multiple counts or schemes, it may be possible to protect the defendant’s right to an unanimous jury verdict by such a general instruction. See United States v. Ferris, 719 F.2d 1405 (9th Cir. 1983) (a general unanimity instruction suffices when a case involving multiple acts within one count of an indictment is sufficiently clear in its presentation so that unanimity can be presumed); United States v. Friedman, 445 F.2d 1076 (9th Cir.1971) (the jury must be presumed to have followed the unanimity instruction and all agreed to at least one of several possible conspiracies even though no specific instruction was given to that effect); Vitello v. United States, 425 F.2d 416 (9th Cir.1970). See also United States v. Natelli, 527 F.2d 311 (2d Cir. 1975).

When it appears, however, that there is a genuine possibility of jury confusion or that a conviction may occur as the result of different jurors concluding that the defendant…