8TH CIRCUIT MODEL INSTRUCTIONS 2008
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Prepared by 
Judicial Committee on Model Jury Instructions for the Eighth Circuit

2008 Edition

__________

The Eighth Circuit Judicial Committee on Model Jury Instructions herewith submits its 2008 Edition of the Manual of Model Criminal Jury Instructions. It supersedes all prior editions.

The purpose of this Manual is stated in its introduction. We recognize that the manner of instructing a jury varies widely among judges, but these models are offered as clear, brief and simple instructions calculated to maximize jury comprehension. They are available to judges and litigants to be used in their discretion in tailoring the instructions in a particular case. These are intended to be model, not mandatory, instructions and should be modified as appropriate to more clearly and precisely present issues to the jury.

Although the Eighth Circuit cannot give prior approval to the instructions, we are grateful for the support they have provided to us in this endeavor. We are also grateful to the judges, lawyers, prosecutors and federal practice committees throughout the Circuit who assisted the Criminal Jury Instructions Subcommittee. This subcommittee drafted the vast majority of these instructions, notes and committee comments. They meet regularly and the substantial contribution they make is obvious from the instructions which are included. The names and addresses of the committee and subcommittee members are attached.

We also express special thanks to Kay Bode, secretary to Judge Knox, who retyped many of the instructions and edited them for consistency with the other published instructions. Her careful attention to detail was essential in discovering and eliminating errors which might otherwise have been included.

These instructions are available to you on computer disk from your clerk of court and in this volume. They are also available on the Eighth Circuit Jury Instructions Website at http://www.juryinstructions.ca8.uscourts.gov/. The Committee plans to continue in operation and to add instructions on the substantive law for offenses that are frequently tried in the Eighth Circuit. As these instructions are used, if a judge or lawyer believes improvement can be made in the clarity of any instruction, or that a particular instruction is in error, we would appreciate being advised.

The Committee sincerely hopes these instructions will be of some help to judges in their communications with the jury, thereby improving the quality of justice we all endeavor to attain.

This volume is dedicated to the Honorable Ross T. Roberts, who was reporter for this project for many years. A dedication page is included herein.

Respectfully submitted,

SCOTT O. WRIGHT
Chairman

DEDICATION

The Committee is honored to dedicate these instructions to Judge Ross T. Roberts. Ross was the Reporter for the Committee and he was relied on very heavily from the very outset in the formulation of these instructions. Because Ross had such a brilliant legal mind, his work and input on the Committee was highly valued by all of its members.

It is a great privilege for the Committee to recognize Ross's work on the Instruction Committee and dedicate these Instructions to his memory.

Hon. Scott O. Wright, Chairman
United States Senior District Judge
8662 U.S. Courthouse
400 East Ninth Street
Kansas City, Missouri 64106
(816) 512-5700
(816) 512-5713 (fax)

MEMBERS:

Hon. Richard H. Battey
United States Senior District Judge
260 U.S. Courthouse
5l5 Ninth Street
Rapid City, South Dakota 57701
(605) 343-7784
(605) 343-1169 (fax)

Hon. Mark W. Bennett
United States Chief District Judge
313 U.S. Courthouse
320 Sixth Street
Sioux City, Iowa 51101-1210
(712) 233-3909
(712) 233-3913 (fax)

Hon. Patrick A. Conmy
United States Senior District Judge
160 U.S. Courthouse
220 E. Rosser Avenue
Bismarck, North Dakota 58501
(701) 530-2315
(701) 530-2318 (fax)

Hon. Ralph R. Erickson
United States District Judge
410 U.S. Courthouse
655 First Avenue N.
Fargo, N.D. 58102-4932
(701) 297-7080
(701) 297-7085 (fax)

Hon. William A. Knox
United States Magistrate Judge
204 U.S. Courthouse
131 West High Street
Jefferson City, Missouri 65101-1557
(573) 634-3418
(573) 636-5208 (fax)

Hon. Richard H. Kyle
United States District Judge
Warren E. Burger Federal Building
316 N. Robert Street
St. Paul, Minnesota 55101
(651) 848-1160
(651) 848-1162 (fax)

Hon. Nanette K. Laughrey
United States District Judge
307 U.S. Courthouse
131 W. High Street
Jefferson City, Missouri 65101-1557
(573) 632-6623
(573) 636-5108 (fax)

Hon. Ann D. Montgomery
United States District Judge
13-W U.S. Courthouse
300 S. Fourth Street
Minneapolis, Minnesota 55415
(612) 664-5090
(612) 664-5097 (fax)

Hon. James M. Moody
United States District Judge
381 U.S. Courthouse
600 W. Capitol Avenue
Little Rock, Arkansas 72201
(501) 604-5150
(501) 604-5373 (fax)

Hon. Rodney W. Sippel
United States District Judge
10-S U.S. Courthouse
111 S. Tenth Street
St. Louis, Missouri 63102-1116
(314) 244-7430
(314) 244-7439 (fax)

Hon. Warren K. Urbom
United States Senior District Judge
507 U.S. Courthouse
100 Centennial Mall N.
Lincoln, Nebraska 68508-3803
(402) 437-5231
(402) 437-5690 (fax)

Hon. Harold D. Vietor
United States Senior District Judge
485 U.S. Courthouse
123 E. Walnut Street
Des Moines, Iowa 50309-2035
(515) 284-6237
(515) 284-6460 (fax)

Hon. William R. Wilson, Jr.
United States District Judge
423 U.S. Courthouse
600 W. Capitol Avenue
Little Rock, Arkansas 72201
(501) 604-5140
(501) 604-5149 (fax)

Hon. William A. Knox (Chairman)
United States Magistrate Judge
204 U.S. Courthouse
131 W. High Street
Jefferson City, Missouri 65101
(573) 634-3418
(573) 636-5208 (fax)

MEMBERS:

Hon. Terry I. Adelman
United States Magistrate Judge
15.174 U.S. Courthouse
111 S. Tenth Street
St. Louis, Missouri 63102
(314) 244-7550
(314) 244-7559 (fax)

J. Curt Bohling, Esq.
Assistant United States Attorney
400 E. Ninth Street, 5^th Floor
Kansas City, Missouri 64106
(816) 426-4296 (direct)
(816) 426-4322

Christopher C. Harlan, Esq.
10920 Ambassador Dr., Suite 500
Kansas City, Missouri 64153
(816) 880-0443
(816) 880-9393 (fax)

Jenniffer M. Horan
Federal Public Defender
1401 W. Capitol, Suite 490
Little Rock, Arkansas 72201
(501) 324-6116
(501) 324-6128 (fax)

Joseph M. Landolt, Esq.
Assistant United States Attorney
111 S. Tenth Street, 20^th Floor
St. Louis, Missouri 63102-1116
(314) 539-2196
(314) 539-2777 (fax)

Mary Jane Lyle, Esq.
1319 Webster Path Drive
St. Louis, Missouri 63119
(314) 968-8029

Linda Parker Marshall
Asst. United States Attorney
400 E. Ninth Street, 5^th Floor
Kansas City, Missouri 64106
(816) 426-4230 (direct)
(816) 426-3126 (fax)

Troy K. Stabenow
Assistant Federal Public Defender
221 Bolivar Street, Suite 104
Jefferson City, Missouri 65101
(573) 636-8747
(573) 636-9161 (fax)

James R. Wyrsch, Esq.
Wyrsch Hobbs & Mirakian, P.C.
1000 Walnut Street, Suite 1600
Kansas City, Missouri 64106
(816) 221-0080
(816) 221-3280 (fax)

Mary Jane Lyle, Esq.
1319 Webster Path Drive
St. Louis, Missouri 63119
(314) 968-8029

Kevin C. Curran
Asst. Federal Public Defender
1010 Market Street, Suite 200
St. Louis, Missouri 63101-2000
(314) 241-1255
(314) 421-3177 (fax)

Joseph M. Landolt
Asst. United States Attorney
111 S. Tenth Street, 20^th Floor
St. Louis, Missouri 63102-1116
(314) 539-2196 (direct)
(314) 539-2777 (fax)

Larry C. Pace
Asst. Federal Public Defender
818 Grand Avenue, Suite 300
Kansas City, Missouri 64106-1910
(816) 471-8282
(816) 471-8008 (fax)

Charles M. Rogers, Esq.
Wyrsch Hobbs & Mirakian, P.C.
1000 Walnut Street. Suite 1600
Kansas City, Missouri 64106-2140
(816) 221-0080
(816) 221-3280 (fax)