Webster

MEMORANDUM **

Phyllis Webster appeals her conviction for theft by a bank employee, in violation of 18 U.S.C. § 656 . Webster contends that her single count indictment was duplicitous and that the district court’s denial of her proposed specific unanimity instruction was an abuse of discretion. Because the parties are familiar with the facts, we will not recite them here except as necessary to explain our decision. For the reasons detailed below, we affirm.

At trial, Webster did not object to the indictment, but objected to the denial of her proposed specific unanimity instruction. The court refused to give the proposed instruction, and instead gave a general unanimity instruction. When, as here, the defendant requests a specific unanimity instruction at trial to cure an allegedly duplicitous indictment, the denial of that instruction is reviewed for an abuse of discretion. See United States v. Kim, 196 F.3d 1079, 1082 (9th Cir.1999).

A duplicitous charge is one in which each count contains two or more distinct offenses. See United States v. Savage, 67 F.3d 1435, 1439 (9th Cir.1995). A specific *607 unanimity instruction may cure duplicity in the indictment, and is required…