United States District Court, N.D. California
COUNSEL: These instructions include a definition of “in
furtherance of” at page 11, Instruction No. 17. The
Court is considering whether to include an instruction on
lost or destroyed evidence, and will request further argument
from Counsel tomorrow.
INSTRUCTION No. 1
OF JURY TO FIND FACTS AND FOLLOW LAW
of the jury, now that you have heard all the evidence, it is
my duty to instruct you on the law that applies to this case.
A copy of these instructions will be available in the jury
room for you to consult.
your duty to weigh and to evaluate all the evidence received
in the case and, in that process, to decide the facts. It is
also your duty to apply the law as I give it to you to the
facts as you find them, whether you agree with the law or
not. You must decide the case solely on the evidence and the
law. Do not allow personal likes or dislikes, sympathy,
prejudice, fear, or public opinion to influence you. You
should also not be influenced by any person's race,
color, religion, national ancestry, or gender. You will
recall that you took an oath promising to do so at the
beginning of the case.
must follow all these instructions and not single out some
and ignore others; they are all important. Please do not read
into these instructions or into anything I may have said or
done any suggestion as to what verdict you should return-that
is a matter entirely up to you.
INSTRUCTION No. 2
AGAINST DEFENDANT NOT EVIDENCE-PRESUMPTION OF
INNOCENCE-BURDEN OF PROOF
indictment is not evidence. The defendant has pleaded not
guilty to the charges. The defendant is presumed to be
innocent unless and until the government proves the defendant
guilty beyond a reasonable doubt. In addition, the defendant
does not have to testify or present any evidence to prove
innocence. The defendant does not have to prove innocence;
the government has the burden of proving every element of the
charges beyond a reasonable doubt.
INSTRUCTION No. 3
DECISION NOT TO TESTIFY
defendant in a criminal case has a constitutional right not
to testify. In arriving at your verdict, the law prohibits
you from considering in any manner that the defendant did not
INSTRUCTION No. 4
beyond a reasonable doubt is proof that leaves you firmly
convinced the defendant is guilty. It is not required that
the government prove guilt beyond all possible doubt.
reasonable doubt is a doubt based upon reason and common
sense and is not based purely on speculation. It may arise
from a careful and impartial consideration of all the
evidence, or from lack of evidence.
after a careful and impartial consideration of all the
evidence, you are not convinced beyond a reasonable doubt
that the defendant is guilty, it is your duty to find the
defendant not guilty. On the other hand, if after a careful
and impartial consideration of all the evidence, you are
convinced beyond a reasonable doubt that the defendant is
guilty, it is your duty to find the defendant guilty.
INSTRUCTION No. 5
here only to determine whether the defendant is guilty or not
guilty of the charges in the indictment. The defendant is not
on trial for any conduct or offense not charged in the
INSTRUCTION No. 6
CONSIDERATION OF MULTIPLE COUNTS-SINGLE DEFENDANT
separate crime is charged against the defendant in each
count. You must decide each count separately. Your verdict on
one count should not control your verdict on any other count.
INSTRUCTION No. 7
parties have agreed to certain facts that have been stated to
you. Those facts are now conclusively established.
INSTRUCTION No. 8
EVIDENCE, EXPERT WITNESS
have heard testimony from Forensic Chemist Daniel Munoz of
the Drug Enforcement Administration, Special Agent Kristen
Larsen of the Bureau of Alcohol, Tobacco & Firearms,
Criminalist Rebecca Berlin of the San Mateo County
Sheriff's Office Forensic Lab, and Special Agent Hilda
“Heidi” Rubino of the Drug Enforcement Agency,
who testified to opinions and reasons for these opinions.
This opinion testimony is allowed because of the education or
experience of these witnesses.
opinion testimony should be judged like any other testimony.
You may accept it or reject it, and give it as much weight as
you think it deserves, considering the witness's
education and experience, the reasons given for the opinion,
and all the other evidence in the case.
INSTRUCTION No. 9
WITH INTENT TO DISTRIBUTE HEROIN (21 U.S.C. §
defendant is charged in Count One of the indictment with
possession with intent to distribute heroin. In order for the
defendant to be found guilty of that charge, the government
must prove each of the following elements beyond a reasonable
First, the defendant knowingly possessed heroin; and
Second, the defendant possessed it with the intent to
distribute it to another person.
government is not required to prove the amount or quantity of
heroin. It need only prove that there as a ...