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United States v. Lee

United States District Court, N.D. California

June 22, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
JOHN CHING EN LEE, Defendant.

          ORDER RE: JURY INSTRUCTIONS

          SUSAN ILLSTON United States District Judge.

         The parties have each filed proposed jury instructions. Docket Nos. 96, 100, 106. Pursuant to the Court's final pretrial scheduling order, the parties have also filed joint preliminary jury instructions and objections to each other's proposed jury instructions. Docket Nos. 107, 110, 111. The Court hereby rules as follows as to the instructions:


No.

9th Cir. Model No.

Title

Agreed/ Disputed By

Given/ Not Given

PRELIMINARY INSTRUCTIONS

Joint 1

1.1

Duty of Jury

Parties agree

Given

Joint 2

1.2 (with modifications)

The Charge - Presumption of Innocence

Parties agree

Given

Joint 3

1.3

What is Evidence

Parties agree

Given

Joint 4

1.4

What is Not Evidence

Parties agree

Given

Joint 5

1.5

Direct and Circumstantial Evidence

Parties agree

Given

Joint 6

1.6

Ruling on Objections

Parties agree

Given

Joint 7

1.7

Credibility of Witnesses

Parties agree

Given


Joint 8

1.8

Conduct of the Jury

Parties agree

Given

Joint 9

1.9

No Transcript Available to Jury

Parties agree

Given

Joint 10

1.10

Taking Notes

Parties agree

Given

Joint 11

1.11 (with modifications)

Outline of Trial

Parties agree

Given

Joint 12

1.12 (with modifications)

Jury to Be Guided by Official English Translation

Parties agree

Given

Joint 13

N/A

Federal Agent's Testimony

Govt objects

Not Given

INSTRUCTIONS IN THE COURSE OF TRIAL

Joint 14

2.1

Cautionary Instruction - First Recess

Parties agree

Given

Joint 15

2.2

Bench Conferences and Recesses

Parties agree

Given

Joint 16

2.4

Stipulations of Fact

Parties agree

Given

Joint 17

2.9

Foreign Language Testimony (if necessary)

Parties agree

Given, if necessary

INSTRUCTIONS AT END OF CASE

Govt 15, Def 18[1]

3.1

Duties of Jury to Find Facts and Follow Law

Parties agree

Given

Govt 16, Def 19

3.2 (with modifications)

Charge Against Defendant Not Evidence - Presumption of Innocence - Burden of Proof

Parties agree

Given

Govt 17, Def 20

3.3

Defendant's Decision Not to Testify (if necessary)

Parties agree

Given, if necessary

Govt 18, Def 21

3.4

Defendant's Decision to Testify (if necessary)

Parties agree

Given, if necessary


Govt 19, Def 22

3.5

Reasonable Doubt - Defined

Parties agree

Given

Gov 20, Def 23

3.6

What is Evidence

Parties agree

Given

Govt 21, Def 24

3.7

What is Not Evidence

Parties agree

Given

Govt 22, Def 25

3.8

Direct and Circumstantial Evidence

Parties agree

Given

Govt 23, Def 26

3.9

Credibility of Witnesses

Parties agree

Given

Def 27

N/A

Federal Agent Testimony

Govt objects

Not Given

Govt 24, Def 28

3.10 (with modifications)

Activities Not Charged

Parties agree

Given

Govt 25, Def 29

3.11

Separate Consideration of Multiple Counts - Single Defendant

Parties agree

Given

Def 30

3.19

Jury to Be Guided by Official English Translation (if necessary)

Parties agree

Given, if necessary

CONSIDERATION OF PARTICULAR EVIDENCE

Govt 26, Def 31

4.1

Statements by Defendant

Parties agree

Given

Govt 27

4.6

Impeachment, Prior Conviction of Defendant (if necessary)

Govt requested

Given, if necessary

Govt 28

4.8

Impeachment Evidence - Witness (if necessary)

Govt requested

Given, if necessary

Govt 29

4.15

Summaries Not Received in Evidence (if necessary)

Govt requested

Given, if necessary


Govt 30

4.16

Charts and Summaries in Evidence (if necessary)

Govt requested

Given, if necessary

SPECIFIC DEFENSES

Def 32

N/A

Good Faith Defense

Govt objects

Not Given

JURY DELIBERATIONS

Govt 34, Def 33

7.1

Duty to Deliberate

Parties agree

Given

Govt 35, Def 34

7.2

Consideration of Evidence

Parties agree

Given

Govt 36, Def 35

7.3

Use of Notes

Parties agree

Given

Govt 37

7.4

Jury Consideration of Punishment

Govt requested

Given

Govt 38, Def 36

7.5

Verdict Form

Parties agree

Given

Govt 39, Def 37

7.6

Communication with Court

Parties agree

Given

OFFENSES UNDER TITLE 18

Govt 31

8.73 (with modifications)

False Statement to Government Agency

Def objects

See Court Instruction, infra

Def 38

8.73 (with modifications)

Making a False Statement to Government Agency - Count 1

Govt objects

See Court Instruction, infra

Def 39

8.73 (with modifications)

Making a False Statement to Government Agency - Count 2

Govt objects

See Court Instruction, infra


Govt 32

3.20

On or About - Defined

Govt requested

Given

Govt 33

5.6

Knowingly - Defined

Govt requested

Given

MISCELLANEOUS

Def 40

N/A

Power of the Jury

Govt objects

Not Given

         Jury instructions as to the offense of Making a False Statement to a Government Agency shall read as follows:

         FALSE STATEMENT TO GOVERNMENT AGENCY (18 U.S.C. § 1001) - Count One

         Mr. Lee is charged in Count One with knowingly and willfully making a false statement on or about August 26, 2009, in a matter within the jurisdiction of a governmental agency or department, the Department of Homeland Security, in violation of Section 1001 of Title 18 of the United States Code. In order for Mr. Lee to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

         First, Mr. Lee made a false statement in a matter within the jurisdiction of the Department of Homeland Security;

         Second, Mr. Lee acted willfully; that is, Mr. Lee acted deliberately and with knowledge both that the statement was untrue and that his conduct was unlawful; and

         Third, the statement was material to the activities or decisions of the Department of Homeland Security; that is, it had a natural tendency to influence, or was capable of influencing, the agency's decisions or activities.

         The statement charged in Count One is that Mr. Lee stated:

         [LIST STATEMENTS INTRODUCED AT TRIAL]

         FALSE STATEMENT TO GOVERNMENT AGENCY (18 U.S.C. § 1001) - Count Two

         Mr. Lee is charged in Count Two with knowingly and willfully making a false statement on or about October 10, 2013, in a matter within the jurisdiction of a governmental agency or department, the Department of Homeland Security, in violation of Section 1001 of Title 18 of the United States Code. In order for Mr. Lee to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

         First, Mr. Lee made a false statement in a matter within the jurisdiction of ...


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