that, to establish a conspiracy, (1) two or more people must come to a mutual understanding to try to accomplish the unlawful conduct charged in the indictment, (2) the defendant must knowingly and willfully join such a conspiracy, and (3) a person who has no knowledge of a conspiracy, but who happens to act in a way which advances some purpose of one, does not thereby become a conspirator. 803 F.2d 1124, 1128-29 (11th Cir.1986). In this case, as in Lively, the court instructed the jury that to establish a conspiracy, (1) two or more people must come to a mutual understanding to try to accomplish the unlawful conduct charged in the indictment, (2) the defendant must knowingly and willfully join such a conspiracy, and (3) that a person who has no knowle , 1355 (11th Cir.2006) (<HOLDING>). Having found no constitutional violation, we
holding that an indictment gave sufficient notice when the indictment charged the elements of the offense holding that the amendment of the indictment was permissible under the statutory predecessor to code  192231 because the amendment did not within the meaning of the statute change the nature of the offense charged in the original indictment holding that there is no sixth amendment right to jury sentencing holding that there is no fifth amendment right to have all facts used to enhance a defendants guidelines range charged in the indictment holding apprendi does not upset the longstanding practice of giving aiding and abetting jury instructions even when that theory is not charged in the indictment thus there is no fifth amendment violation