Free Proposed Jury Instructions - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona BILL C. SOLOMON Assistant U.S. Attorney Two Renaissance Square 40 North Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar Number 020012 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR04-0489-PHX-SRB Plaintiff, v. James David Snow, Defendant. GOVERNMENT'S PROPOSED JURY INSTRUCTIONS

The United States of America, by and through its undersigned attorneys, respectfully submits four (4) modified jury instructions to the court and requests that the same be given by the Court to the jury in the trial of the above-captioned matter. In addition, the United States requests that the Court include the following standard instructions from the Manual of Model Jury Instructions for the Ninth Circuit (2004): Preliminary Instructions § 1.1 Duty of Jury § 1.3 What is Evidence § 1.4 What is Not Evidence

§ 1.5 Evidence for Limited Purpose § 1.6 Direct and Circumstantial Evidence § 1.7 Ruling on Objections § 1.8 Credibility of Witnesses

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§ 1.9 Conduct of the Jury § 1.10 No Transcript Available to Jury § 1.11 Taking Notes § 1.12 Outline of Trial

Instructions in the Course of Trial § 2.1 Cautionary Instruction - First Recess § 2.2 Bench Conferences and Recesses § 2.2 Stipulations of Fact

Instructions at End of Case § 3.1 Duties of Jury to Find Facts and Follow Law § 3.2 Charge Against Defendant Not Evidence-Presumption of Innocence-Burden of Proof § 3.5 Reasonable Doubt - Defined § 3.6 What is Evidence § 3.7 What is Not Evidence § 3.8 Direct and Circumstantial Evidence § 3.9 Credibility of Witnesses

Consideration of Particular Evidence § 4.1 Statements by Defendant

Jury Deliberations § 7.1 Duty to Deliberate § 7.2 Consideration of Evidence § 7.3 Use of Notes
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§ 7.4 Jury Consideration of Punishment § 7.5 Verdict Form § 7.6 Communication With Court Respectfully submitted this 30th day of November, 2005. PAUL K. CHARLTON United States Attorney District of Arizona s/Bill C. Solomon BILL C. SOLOMON Assistant U.S. Attorney

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GOVERNMENT'S REQUESTED INSTRUCTION NO. 1 Possession of Unregistered Weapon Made from a Shotgun The defendant is charged in Count two of the indictment with possession of an

4 unregistered sawed-off shotgun in violation of Title 26, Section 5861(d) of the United States 5 Code. In order for the defendant to be found guilty of that charge, the government must prove 6 each of the following elements beyond a reasonable doubt: 7 8 9

First, the defendant knowingly possessed a firearm; Second, the defendant knew of the characteristics that make it a firearm; Third, the shotgun was not registered to the defendant in the National Firearms

10 Registration and Transfer Record; and 11

Fourth, the defendant's conduct occurred in the District of Arizona on or about April

12 29, 2003. 13 14

For the purpose of this instruction, the term firearm means a weapon made from a

15 shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or 16 barrels of less than 18 inches in length. 17 18 19 20 21 22 23 24 25 26 27 28 4

AUTHORITY: Manual of Model Jury Instructions for the Ninth Circuit § 9.31 (2004) Staples v. United States, 511 U.S. 600, 114 S.Ct 1793 (1994); United States v. Gergen, 172 F.3d 719 (9th Cir. 1999); 26 Unites States Code, Section 5845(a)(2).

GIVEN:

__________

REFUSED: __________ MODIFIED: __________

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GOVERNMENT'S REQUESTED INSTRUCTION NO. 2 Knowingly - Defined An act is done knowingly if the defendant is aware of the act and does not act through

4 ignorance, mistake, or accident. The government is not required to prove that the defendant 5 knew that his acts were unlawful. You may consider evidence of the defendant's words, acts, 6 or omissions, along with all the other evidence, in deciding whether the defendant acted 7 knowingly. 8 9 10 11 12 GIVEN:

AUTHORITY: Manual of Model Jury Instructions for the Ninth Circuit § 5.6 (2004) __________

13 REFUSED: __________ 14 MODIFIED: __________ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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GOVERNMENT'S REQUESTED INSTRUCTION NO. 3 Unlawful Possession of Firearms The defendant is charged in Count one of the indictment with the possession of firearms

4 in violation of Section 922(g) of Title 18 of the United States Code. In order for the defendant 5 to be found guilty of that charge, the government must prove each of the following elements 6 beyond a reasonable doubt: 7 8

First, the defendant knowingly possessed a firearm; Second, the firearm had previously been shipped or transported from one state to

9 another; and 10

Third, at the time the defendant possessed the firearm, the defendant had previously

11 been convicted of a crime punishable by a term of imprisonment exceeding one year. 12 13

For the purpose of this instruction, the term firearm means any weapon (including a

14 starter gun) which will or is designed to or may readily be converted to expel a projectile by 15 the action of an explosive. 16 17 18 19

AUTHORITY: Manual of Model Jury Instructions for the Ninth Circuit § 8.59 (2004) 18 United States Code, Section 921(a)(3)(A)

20 21 GIVEN:

__________

22 REFUSED: __________ 23 MODIFIED: __________ 24 25 26 27 28 6

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GOVERNMENT'S REQUESTED INSTRUCTION NO. 4 Possession Defined A person has possession of something if the person knows of its presence and has

4 physical control of it, or knows of its presence and has the power and intention to control it. 5 More than one person can be in possession of something if each knows of its presence 6 and has the power and intention to control it. 7 8 9 10 11 GIVEN:

AUTHORITY: Manual of Model Jury Instructions for the Ninth Circuit § 3.18 (2004) __________

12 REFUSED: __________ 13 MODIFIED: __________ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

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CERTIFICATE OF SERVICE
I hereby certify that on November 30, 2005, I electronically transmitted the attached document to the Clerk's

3 Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF 4 registrants: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 s/Bill C. Solomon
Mark S. Iacovino

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