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Eighth Circuit publishes a Supplement to its 2017 Manual of Model Criminal Jury Instructions

The Eighth Circuit has published a September 2019 Supplement (pdf) (word) with new instructions and revisions to its Manual of Model Criminal Jury Instructions. Instructions included in the Supplement include:

  • 2.08 Defendant's Prior Similar Acts— Where Introduced to Prove an Issue Other Than Identity (Fed. R. Evid. 404(B))
  • 5.06A-1 Conspiracy: Elements (18 U.S.C. § 371)
  • 6.18.924C-1 Firearms—Possession In Furtherance of A Crime of Violence/ Drug Trafficking Offense (18 U.S.C.§ 924(C))
  • 6.18.924C-2 Firearms—Use Or Carry A Firearm During A Crime of Violence/Drug Trafficking Offense (18 U.S.C.§ 924(C)) (former instruction now split in two)
  • 6.18.1956K Conspiracy to Launder Money (18 U.S.C. § 1956(H)) (new)
  • 6.18.2250 Failure to Register (18 U.S.C. § 2250)
  • 6.21.841A Controlled Substances—Possession With Intent to Distribute (21 U.S.C. § 841(A)(1))
  • 6.26.5861 Firearms—Possession of Unregistered Firearms (26 U.S.C. § 5861(D))
  • 9.08B Good Faith (Tax Cases)
  • 9.09 Advice of Counsel

The 2017 edition is posted on the site if you need to see the precise changes. I am guessing that they will soon fold the supplement into one document.

For reasons explained here, the Eighth Circuit § 152(1) instruction is dubious, but that's not addressed in the new supplement.


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