Free Proposed Jury Instructions - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona GARY M. RESTAINO Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 017450 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America Plaintiff, v. Francisco Javier Avila-Lopez, Defendant. The United States, through counsel undersigned, submits the following proposed jury
GOVERNMENT'S PROPOSED JURY INSTRUCTIONS CR04-1188-PHX-JAT

15 instructions in this case. (Due to the fact that defendant is representing himself and is also 16 incarcerated, the government submits these instructions unilaterally rather than jointly, but 17 remains amenable to discussing any reasonable objections to these instructions). 18 A. Government's requested model instructions 19 20 21 22 23 24 25 26 27 28 §1.1 §1.3 §1.4 §1.6 §1.7 §1.8 §1.9 §1.10 §1.11 §1.12 Duty of Jury What is Evidence What is Not Evidence Direct and Circumstantial Evidence Ruling on Objections Credibility of Witnesses Conduct of the Jury No Transcript Available to the Jury Taking Notes Outline of Trial

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§2.1 §2.2 §3.1 §3.2

Cautionary Instruction-First Recess Bench Conferences and Recesses Duties of Jury to Find Facts and Follow Law Charge Against Defendant Not Evidence-Presumption of InnocenceBurden of Proof

§3.3 §3.4 §3.5 §3.6 §3.7 §3.8 §3.9 §4.1 §4.6 §4.17 §7.1 §7.2 §7.3 §7.4 §7.5 §7.6

Defendant's Decision Not to Testify or Defendant's Decision to Testify Reasonable Doubt-Defined What is Evidence What is Not Evidence Direct and Circumstantial Evidence Credibility of Witnesses Statements by Defendant Impeachment, Prior Conviction of Defendant (if Defendant testifies) Opinion Evidence, Expert Witness Duty to Deliberate Consideration of Evidence Use of Notes Jury Consideration of Punishment Verdict Form Communication with Court

22 B. Government's requested non-model or modified instructions 23 24 1. Government's Requested Instruction No. 1 (modifying model instruction 1.2) This is a criminal case brought by the United States government. The government charges

25 the defendant with Reentry after Deportation. The charge against the defendant is contained 26 in the indictment. The indictment is simply the description of the charge made by the 27 government against the defendant; it is not evidence of anything. 28
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In order to help you follow the evidence, I will now give you a brief summary of the

2 elements of the crime which the government must prove to make its case: First, the defendant 3 is an alien; Second, the defendant was deported or removed from the United States; and 4 Third, after deportation, the defendant was found in the United States without permission 5 from the Secretary of the Department of Homeland Security or any representatives of the 6 department. These instructions are preliminary and the instructions I will give at the end of the 7 case will control. 8 The defendant has pleaded not guilty to the charge and is presumed innocent unless and until

9 proved guilty beyond a reasonable doubt. A defendant has the right to remain silent and never 10 has to prove innocence or present any evidence. 11 12 13 2. Government's Requested Instruction No. 2 (modifying model instruction 9.5) 14 The defendant is charged in the Indictment with reentry of deported alien in violation 15 of Section 1326 of Title 8 of the United States Code. In order for the defendant to be found 16 guilty of that charge, the government must prove each of the following elements beyond a 17 reasonable doubt: 18 First, the defendant is an alien; 19 Second, the defendant was deported or removed from the United States; and 20 Third, after deportation or removal from the United States, the defendant was 21 found in the United States without the consent of the Secretary of the Department of 22 Homeland Security or of any representative of the department. 23 An alien is a person who is not a natural-born or naturalized citizen of the United 24 States. 25 26 27 28
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Authority: Manual of Model Criminal Jury Instructions for the Ninth Circuit (2003 ed.), Instruction 1.2 (as modified in bold)

Authority: Manual of Model Criminal Jury Instructions for the Ninth Circuit (2003 ed.), Instruction 9.5 (as modified in bold)

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3. Government's Requested Instruction No. 3 You will note that the Indictment charges that the offense was committed "on or about" a

3 certain date. The proof need not establish with certainty the exact date of the alleged offense. 4 It is sufficient if the evidence in the case establishes beyond a reasonable doubt that the 5 offense was committed on a date reasonably near the date alleged. 6 7 8 9 10 11 12 13 14 15 GARY M. RESTAINO Assistant U.S. Attorney CERTIFICATE OF SERVICE Authority: O'Malley, Grenig, Lee, Federal Jury Practice and Instructions § 13.05 (5th ed. 2000) Respectfully submitted this 29th day of August, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/ Gary Restaino

I hereby certify that on this date, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic 16 Filing to the following CM/ECF registrants: Michael Reeves (stand-by counsel). 17 I hereby certify that on this date, I transmitted the attached document by mail to:

18 Francisco Javier Avila-Lopez #94729-012 19 CCA/CADC PO Box 6300 20 Florence, Arizona 85232. 21 22 23 24 25 26 27 28
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