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November 2020

The Ninth Circuit has posted revised criminal jury instructions

The Ninth Circuit has posted revisions (dated September 2020) to its Manual of Model Criminal Jury Instructions.

The changes include:

  • Instruction 5.12 (INTENT TO DEFRAUD) has been modified to reflect the holding in United States v. Miller, 953 F.3d 1095, 1101 (9th Cir. 2020) (intent to defraud for purposes of wire and mail fraud requires intent to deceive and cheat). Miller is also noted in Instructions 8.11 (BANKRUPTCY FRAUD—SCHEME OR ARTIFICE TO DEFRAUD (18 U.S.C. § 157)), 8.21 (CONSPIRACY TO DEFRAUD THE UNITED STATES (18 U.S.C. § 371 “Defraud Clause”)), 8.121 MAIL FRAUD—SCHEME TO DEFRAUD OR TO OBTAIN MONEY OR PROPERTY BY FALSE PROMISES (18 U.S.C. § 1341), and 8.124 (WIRE FRAUD (18 U.S.C. § 1343)).
  • Instruction 8.134A has been renamed SEX TRAFFICKING OF CHILDREN OR BY FORCE, FRAUD OR COERCION (18 U.S.C. § 1591(a)(1)).
  • The Comment to Instruction 9.19 (CONTROLLED SUBSTANCE—CONSPIRACY TO DISTRIBUTE OR MANUFACTURE (21 U.S.C. §§ 841(a) and 846)) now cites United States v. Garrison, 888 F.3d 1057, 1064-65 (9th Cir. 2018) regarding the elements of the crime.
  • The Comment to Instruction 9.19A (BUYER-SELLER RELATIONSHIP) now notes United States v. Loveland, 825 F.3d 555, 562 (9th Cir. 2016) (relationship of mere seller and buyer shows the absence of a conspiracy because it is missing the element of an agreement for redistribution; evidence showing that the seller probably knew the buyer was reselling the drugs based on the quantities and repeated sales between the two is insufficient by itself).

(11/11/20) (permalink)

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