re: #285 KGxvi

To follow up on my point, this is a summary of one of the cases cited in the jury instruction:

To prove an agreement to commit a crime, it is not sufficient for the government to prove that the defendant committed the crime in question. It must prove that the defendant agreed with at least one other person to commit that crime. United States v. Loveland, 825 F.3d 555 (9th Cir.2016).

Prosecutors likely failed on the agreement element, if I had to guess