PATTERN JURY INSTRUCTIONS (Criminal Cases)

1 PATTERNJURY INSTRUCTIONS (Criminal Cases) Prepared by theCommittee on PatternJury InstructionsDistrict Judges AssociationFifth Circuit2012 EditionFor Customer Assistance Call 1-800-328-4880 Mat #41400609 DedicationThis issue of the Fifth Circuit PATTERN jury INSTRUCTIONS , criminal , is dedicated to the memory of the HonorableAdrian G. Duplantier, who served as a United States DistrictJudge for the Eastern District of Louisiana from his appoint-ment in 1978 until his passing in 2007. He was a member ofour committee for the preparation of the 1990, 1997, and2001 issues. Each time, his sharp mind, thorough prepara-tion, and congenial personality made him a valuablecontributor to our work sessions. We miss 2012 edition of the PATTERN jury INSTRUCTIONS (Crim-inal) continues a project initiated by the Fifth Circuit DistrictJudges Association more than twenty years ago.

2 It re ects acollaborative e ort of district judges appointed successivelyby the Association to provide jury INSTRUCTIONS accuratelyre ective of the criminal law and useable by our judges andpractitioners in the trial of criminal cases before juries inthis v. New Jersey, 120 2348 (2000), providedan important focus of the 2001 edition to identify elementspreviously thought to be sentencing factors. In interveningyears, the United States Supreme Court has issued signi -cant opinions interpreting criminal statutes, including mailand wire fraud,Skilling v. United States, 130 2896(2010); obstruction of justice,Fowler v. United States, 2045 (2011), andArthur Andersen LLP v. United States,125 2129 (2005); Racketeer In uenced Corrupt Organi-zations Act,Boyle v. United States, 129 2237 (2009);and money laundering,Cuellar v.

3 United States, 128 (2008), andUnited States v. Santos, 128 2020(2008). This edition re ects those and other is current through December 31, preparing an instruction, the Committee begins whereyou begin, that is, with an examination of the statute andUnited States Supreme Court opinions, as well as appellateopinions with obvious emphasis on the Fifth Circuit,interpreting the statute. Committee members submitproposed INSTRUCTIONS . Review and discussion of theseinstructions continues until the judges reach a these PATTERN charges do not presume to be a legaltreatise, the Committee has obviously attempted to make ac-curate statements of the law. These PATTERN charges shouldbe used for what they are an aid to guide your instructingthe jury on each individual case . Notes are added to identifyissues, o er explanations, or provide assurance of Committee was able to re-enlist the excellent andunsel sh services of Professor Susan R.

4 Klein. We thankDean Ward Farnsworth from the University of Texas Schoolvof Law for sharing her and her sta . We acknowledge thespecial e orts of many of our clerks and o ce sta whosework has been signi cant during the years of our work, es-pecially Katie Gri n, John Deck, and Cen predecessors work is the foundation of our e deserve our continued George P. KazenCo-ChairmanSouthern District of TexasHonorable Hayden HeadCo-ChairmanSouthern District of TexasHonorable Lance M. AfrickEastern District of LouisianaHonorable Jane J. BoyleNorthern District of TexasHonorable Marcia A. CroneEastern District of TexasHonorable Kurt D. EngelhardtEastern District of LouisianaHonorable Andrew S. HanenSouthern District of TexasHonorable Harry Lee HudspethWestern District of TexasHonorable Simeon TimothyLake IIIS outhern District of TexasHonorable Alia MosesWestern District of TexasHonorable Xavier RodriguezWestern District of TexasHonorable Walter S.

5 Smith, District of TexasProfessor Susan R. Klein,Reporter Alice McKean Young Regents Chair in Law,The University of Texas School of LawFifth Circuit criminal jury InstructionsviTABLE OF CONTENTSPATTERN jury INSTRUCTIONS (Criminal Cases) I. GENERAL AND PRELIMINARY INSTRUCTIONS .. by Jurors .. to Final INSTRUCTIONS .. to Follow INSTRUCTIONS .. of Innocence, Burden of Proof,Reasonable Doubt .. Excluding What Is Not Inferences Direct and Circum-stantial .. of Witnesses .. Evidence .. by Prior Inconsistencies .. by Prior Conviction (Defen-dant s Testimony) .. Prior Conviction (WitnessOther Than Defendant) .. by Evidence of UntruthfulCharacter .. Informer Immunity .. Co-Defendant Plea Agree-ment .. s Use of Addictive Drugs.

6 Opinion Testimony .. or About .. Venue Conspiracy .. Consider Only Crime Charged .. Punishment .. Defendant Multiple Counts .. Defendants Single Count .. Defendants Multiple Counts .. to Deliberate .. of Theory .. Statement Voluntariness(Single Defendant) .. Statement Voluntariness(Multiple Defendants) .. cation Testimony .. Acts .. Included O ense .. cation, Duress, or Coercion .. Self-Defense Defense of Third Person .. Knowingly To Act .. Deliberate Ignorance .. Willfully To Act .. Commerce De ned .. Commerce De ned .. De ned .. Instruction During Trial Tran-script of Tape Recorded Conversation .. Transcriptof Foreign Language Tape Re-corded Conversation.

7 And Charts Not Received In Evi-dence .. and Charts Received In ed Allen Charge .. 85II. SUBSTANTIVE OFFENSE 1324(a)(1)(A)(i) - Bringing AliensInto the United States .. 1324(a)(1)(A)(ii) - TransportingAliens Into or Within the United States .. 1324(a)(1)(A)(iii) - Concealing orHarboring Aliens .. 1326(a) - Illegal Reentry Follow-ing Deportation .. 2 - Aiding and Abetting (Agency) 3 - Accessory After the Fact .. 4 - Misprision of a Felony .. 105 Fifth Circuit criminal jury 111 - Assaulting a Federal Of- cer .. 152 (First Paragraph) -Bankruptcy: Concealment of Assets (Bank-ruptcy Proceeding Pending) .. 152 (Fourth Paragraph) -Bankruptcy: Presenting or Using a FalseClaim (Bankruptcy Proceeding Pending) .. 201(b)(1) - Bribing a Public Of- cial.

8 201(b)(2) - Receiving Bribe by aPublic O cial .. 201(c)(1)(A) - Illegal Gratuity toa Public O cial .. 201(c)(1)(B) - Receiving IllegalGratuity by a Public O cial .. 215(a)(1) - Bribery or Reward ofa Bank O cer .. 241 - Conspiracy to DeprivePerson of Civil Rights .. 242 - Deprivation of Civil 287 - False Claims Against theGovernment .. 371 - Conspiracy to Commit Of-fense .. 18 371 (Second Clause) - Conspir-acy to Defraud .. Conspiracies .. s Liability For SubstantiveCount .. Withdrawal .. 471 - Counterfeiting .. 472 - Passing Counterfeit Securi-ties or Obligations .. 495 (First Paragraph) - ForgeryAgainst the United States .. 495 (Second Paragraph) - Utter-ing a Forged Writing to Defraud the UnitedStates.

9 510(a)(1) - Forging Endorsementon a Treasury Check, Bond, or Security ofthe United States .. 510(a)(2) - Uttering a ForgedTreasury Check, Bond, or Security of theUnited States .. 545 (First Paragraph) - Smug-gling .. 545 (Second Paragraph) - IllegalImportation of Merchandise .. 553(a)(1) (First Paragraph) -Exportation of Stolen Vehicles .. 641 (First Paragraph) - Theft ofGovernment Money or Property .. 656 - Theft or Embezzlement byBank O cer or Employee .. 657 - Theft From Lending,Credit, and Insurance Institutions .. 659 (First Paragraph) - TheftFrom Interstate Shipment .. 659 (Second Paragraph) - Buyingor Receiving Goods Stolen From InterstateShipment .. 18 666(a)(1)(A) - Theft ConcerningPrograms Receiving Federal Funds.

10 18 666(a)(1)(B) - Bribery Concern-ing Programs Receiving Federal Funds(Soliciting a Bribe) .. 18 666(a)(2) - Bribery ConcerningPrograms Receiving Federal Funds (O eringa Bribe) .. 751(a) - Escape .. 18 752(a) - Aiding Escape .. 871 - Threats Against the Presi-dent .. 875(b) - Interstate Transmissionof Extortionate Communication .. 876(b) - Mailing ThreateningCommunications .. 911 - Misrepresentation ofCitizenship .. 912 - False Impersonation ofFederal O cer or Employee Demanding orObtaining Anything of Value .. 922(a)(1)(A) - Dealing in Fire-arms Without License .. 206 Fifth Circuit criminal jury 922(a)(6) - False Statement toFirearms Dealer .. 922(d) - Unlawful Sale or Dispo-sition of Firearm or Ammunition.