Free Proposed Verdict Form - District Court of Colorado - Colorado

Case 1:04-cr-00187-LTB

Document 795-2

Filed 03/29/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 04-cr-00187-LTB-5 UNITED STATES OF AMERICA, Plaintiff, v. 5. JAVIER E. AVITIA, Defendant.

VERDICT FORM

COUNT ONE We, the jury, upon our oaths, unanimously find the defendant, JAVIER E. AVITIA, as to Count One of the superseding indictment: Not Guilty Guilty

Case 1:04-cr-00187-LTB

Document 795-2

Filed 03/29/2006

Page 2 of 2

SPECIAL VERDICT COUNT ONE If you find Defendant JAVIER E. AVITIA guilty of Count One, please answer the following question (your answers must be unanimous): 1. Do you find that the government proved beyond a reasonable doubt that the defendant, JAVIER E. AVITIA, conspired to possess with intent to distribute or to distribute 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine? Yes No 2. Only if the answer to question 1 above is no, do you find that the government proved beyond a reasonable doubt that the defendant, JAVIER E. AVITIA, conspired to possess with intent to distribute or to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine? Yes No 3. Only if the answers to questions 1 and 2 above are both no, do you find that the government proved beyond a reasonable doubt that the defendant, JAVIER E. AVITIA, conspired to possess with intent to distribute or to distribute less than 500 grams of a mixture or substance containing a detectable amount of cocaine? Yes No