The Comment to Instruction 2.09 (Opinion Evidence (Expert Witnesses)) now flags potential confrontation issues, citing Smith v. Arizona, Bullcoming v. New Mexico, and Melendez-Diaz v. Massachusetts.
The Comment to Instruction 2.12 (Limited Admissibility: Evidence Admitted Against Only One Defendant) now cites United States v. Robinson, 2024 WL 1007448 (3d Cir. 2024) (non-precedential) (trial court properly denied severance and relied on cautionary instruction to protect defendant from evidence admitted against co-defendant).
The Comment to Instruction 2.23 (Defendant's Prior Bad Acts or Crimes (F.R.E. 404(b)) now cites Elonis.
The Comments to Instructions 6.18.666A1B (Solicitation of a Bribe by an Agent of a Program Receiving Federal Funds (18 U.S.C. § 666(a)(1)(B))) and 6.18.666A2 (Bribery of an Agent of a Program Receiving Federal Funds (18 U.S.C. § 666(a)(2))) have been substantially rewritten to reflect Snyder v. United States, 144 S. Ct. 1947 (2024).
The Comment to Instruction 6.18.922A-2 (Firearm Offenses - Firearm Defined) now cites United States v. Graham, 2025 WL 342190 (3d Cir. 2025) (non-precedential) (not an abuse of discretion to fail to specify that the “firearm was a real one”).
The Comments to Instructions 6.18.922G (Felon In Possession of Firearm (18 U.S.C. § 922(g)) (non-bifurcated proceeding)), 6.18.922G-1 (Felon In Possession of Firearm (18 U.S.C. § 922(g)) (bifurcated proceeding)), and 6.18.922K (Possession of Firearm With Serial Number Removed, Obliterated, or Altered (18 U.S.C. § 922(k))) have an extended discussion of United States v. Hemani, 146 S.Ct. 1677 (2026), and add paragraphs re sentence enhancements, Erlinger v. United States, 144 S. Ct. 1840 (2024), and United States v. Rahimi, 144 S. Ct. 1889 (2024). They also add discussions of United States v. Moore, 111 F.4th 266 (3d Cir. 2024), reaffirming the Circuit's rejection of Second Amendment challenges to convictions under § 922(g)).
The Comments to Instructions 6.18.924A (Possession of a Firearm in Furtherance of Crime of Violence or Drug Trafficking Crime (18 U.S.C. § 924(c)(1))) and 6.18.924B (Using or Carrying a Firearm During Any Crime of Violence or Drug Trafficking Crime (18 U.S.C. § 924(c)(1))) now cite United States v. Vines, 134 F.4th 730 (3d Cir. 2025)(attempted armed bank robbery is a crime of violence), and United States v. Jordan, 96 F.4th 584 (3d Cir. 2024) (armed bank robbery is a crime of violence). They also have discuss Second Amendment issues post-Hermani.
The Comment to Instruction 6.18.1341-1 (Mail, Wire, or Bank Fraud – “Scheme to Defraud or to Obtain Money or Property” Defined) now cites Kousisis v. United States, 145 S. Ct. 1382
(2025).
The Comment to Instruction 6.18.1512A2 (Obstruction of Justice - Witness Tampering Through Physical Force or Threat of Physical Force (18 U.S.C. § 1512(a)(2)(A) or (B)) now cites Fischer v. United States, 603 U.S. 480 (2024).
The Comment to Instruction 6.18.1951-1 (Hobbs Act - Robbery Defined) now cites United States v. Valentin, 118 F.4th 579 (3d Cir. 2024) (not plain error to fail to provide additional instruction on physical force; trial court’s instruction essentially followed model
instruction).