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Fifth Circuit posts 2019 edition of its Pattern Criminal Jury Instructions

The Fifth Circuit has posted PDF and RTF copies of the 2019 edition of its Pattern Criminal Jury Instructions. This is the first comprehensive revision since 2015, and the changess are too numerous to completely describe here. The following instructions are brand new in the 2019 edition:

  • 1.07 Special Maritime and Territorial Jurisdiction of the United States—Defined
  • 1.40 Materiality
  • 1.47 "Affecting Commerce"—Defined
  • 2.02D Marriage Fraud 8 U.S.C. § 1325(c)
  • 2.37A Destruction of Government Property by Fire or Explosion 18 U.S.C. § 844(f)(1)
  • 2.44B Possessing Firearm in Furtherance of the Commission of a Drug Trafficking Crime or Crime of Violence 18 U.S.C. § 924(c)(1)
  • 2.48C Aggravated Identity Theft 18 U.S.C. § 1028(a)(1)
  • 2.73B Affecting Commerce by Robbery 18 U.S.C. § 1951(a) (Hobbs Act)
  • 2.76C Conspiracy to Commit Money Laundering 18 U.S.C. § 1956(h)
  • 2.86A Stalking 18 U.S.C. § 2261A(1)
  • 2.86B Stalking 18 U.S.C. § 2261A(2)
  • 2.92A Providing Material Support to Terrorists 18 U.S.C. § 2339A
  • 2.92B Providing Material Support to a Designated Foreign Terrorist Organization 18 U.S.C. § 2339B
  • 2.98B Killing While Engaged in Drug Trafficking or a Continuing Criminal Enterprise 21 U.S.C. § 848(c)(1)(A)
  • 2.108A Use of a Falsely Obtained Social Security Number 42 U.S.C. § 408(a)(7)(A)
  • 2.108B False Representation as to a Social Security Number 42 U.S.C. § 408(a)(7)(A)
  • 2.108C Social Security Card Alteration 42 U.S.C. § 408(a)(7)(C)
  • 2.109A Soliciting or Receiving Kickbacks for Referrals to Federal Health Care Programs (“Anti-Kickback Statute”) 42 U.S.C. § 1320a-7b(b)(1)(A)
  • 2.109B Paying or Offering to Pay Kickbacks for Referrals to Federal Health Care Programs (“AntiKickback Statute”) 42 U.S.C. § 1320a-7b(b)(2)(A)
  • 2.110 Interference with Security Screening Personnel 49 U.S.C. § 46503
  • 2.111 Interference with Flight Crew Members and Attendants 49 U.S.C. § 46504
  • 2.112A Carrying a Concealed Weapon on an Aircraft 49 U.S.C. § 46505(b)(1)
  • 2.112B Placing a Loaded Firearm on an Aircraft 49 U.S.C. § 46505(b)(2)
  • 2.112C Placing an Explosive Device on an Aircraft 49 U.S.C. § 46505(b)(3)

A redline/strikeout copy showing the provisions with substantive changes is posted here. The 2015 edition is also posted on the Fifth Circuit Web site.

We had previously noted here that Instruction 2.85C in the 2015 edition of the Pattern Instructions omitted any discussion of § 1956(8)(B) from its definition of child pornography, apparently because they missed the 2003 legislative fix enacted in response to Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002). That has been remedied in the current version.

(03/25/20) (permalink)

 
 
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