THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Drugs, Controlled Substances: Importation Of Controlled Substances
1. Importing
Controlled Substances: Continuous Course Of Conduct Required
2. Aiding And Abetting
Importation Of Marijuana vs. Conspiring To Import Marijuana
3. Merely Handling
Contraband After Importation Insufficient To Prove Defendant Aided
And Abetted
Importation
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Importing Controlled Substances: Continuous Course Of Conduct Required
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
An element of this offense is that the importation alleged was a continuous course of conduct rather than sporadic, casual involvement in importation activity.
AUTHORITIES:
United States v. Davis, 666 F.2d 195 (11th Cir. 1982); United States v. Donaway, 447 F.2d 940 (9th Cir. 1971).
SAMPLE INSTRUCTION # 2:
In order to convict a defendant of a violation of this section, the government need only prove that the business enterprise was continuous, and not that the interstate or foreign travel was continuous.
AUTHORITIES:
United States v. Kaiser, 660 F.2d 724 (9th Cir. 1981).
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 88: Drugs, Controlled Substances.
See generally NCJIC 88.6 [Drugs, Controlled Substances: Possession For Sale, Delivery Or Distribution].
See also generally NCJIC 88.7 [Drugs, Controlled Substances: Sale, Transportation, Or Distribution].
See also NCJIC Constitutional Macros 309.3.5 [Failure To Accurately Define An Element].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Aiding And Abetting Importation Of Marijuana vs. Conspiring To Import Marijuana
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Aiding and abetting the importation of marijuana is a different crime from conspiring to import marijuana. A conspiracy to import marijuana has as an essential element a specific agreement between the defendant and others the purpose or object of which is to import marijuana into the United States. Aiding and abetting requires that the defendant commit some act to assist in the importation, or be willing to commit such an act if called upon to do so. In addition, the defendant must know that (his/her) act is assisting or will assist someone in the importation of marijuana.
AUTHORITIES:
United States v. Greer, 467 F.2d 1064, 1071 (7th Cir. 1972), cert. denied, 410 U.S. 929 (1973); Nye & Nissen v. United States, 336 U.S. 613, 620 (1948).
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 88: Drugs, Controlled Substances.
See generally NCJIC 88.6 [Drugs, Controlled Substances: Possession For Sale, Delivery Or Distribution].
See also generally NCJIC 88.7 [Drugs, Controlled Substances: Sale, Transportation, Or Distribution].
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Merely Handling Contraband After Importation Insufficient To Prove Defendant Aided And Abetted Importation
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Importation of marijuana is a different crime than the offense of possessing marijuana with intent to distribute it. Merely because a defendant handles marijuana after it has been imported into the United States is not sufficient proof that (he/she) aided and abetted its importation.
RELATED NCJIC MATERIALS:
See generally NCJIC Chapter 88: Drugs, Controlled Substances.
See generally NCJIC 88.6 [Drugs, Controlled Substances: Possession For Sale, Delivery Or Distribution].
See also generally NCJIC 88.7 [Drugs, Controlled Substances: Sale, Transportation, Or Distribution].