THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Collection Table of Contents
Smuggling & Illegal Importation (18 USC 545)
1. Time
Of Knowledge Of Customs Violation
2. Government Must Prove
That Defendant Knew That Customs Laws
Require A Detailed Invoice For The
Merchandise
3. Defendant Must Request
Smuggled Goods
4. Charged Offenses Must
Have Occurred Within Federal Jurisdiction
5. Smuggling: Consignee's
Agent Not Liable
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. Time Of Knowledge Of Customs Violation
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Under Count(s) _____, a defendant's knowledge that the merchandise has been imported contrary to law must come at or before the time of that defendant's actual receipt of the goods. Knowledge acquired after actual receipt of the merchandise is insufficient to establish the offenses charged in Count(s) _____.
AUTHORITIES:
United States v. Romero, 363 F. Supp. 1235, 1238 (E.D.N.Y. 1973).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Elements: Knowledge.
RELATED NCJIC MATERIALS:
See NCJIC Chapter 47: Knowledge.
See NCJIC: Chapter 256: Mitigation Of Culpability By Mental Psychological, Medical And/Or Physical Impairment Of The Defendant.
See NCJIC Federal Model Instructions by Offense: 18 USC 545: Smuggling (First Paragraph).
See NCJIC Federal Model Instructions by Offense: 18 USC 545: Illegal Importation (Second Paragraph).
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
2. Government Must Prove That Defendant Knew That Customs Laws Require A Detailed Invoice For The Merchandise
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
In Count(s) _____, the government must prove that the defendant knew that the Customs laws require a detailed invoice for the merchandise and, as to each count, that the invoice was not sufficiently detailed under the law. Section 1481(a)(3) of Title 19, United States Code, requires that: "all invoices of merchandise to be imported into the United States shall set forth . . . a detailed description of the merchandise, including the name by which each item is known, the grade or quality, and the marks, numbers, or symbols under which sold by the seller or manufacturer to the trade in the country of exportation, together with the marks and numbers of the packages in which the merchandise is packed . . ."
AUTHORITIES:
18 USC 545; 19 USC 1481(a)(3).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Elements: Knowledge.
RELATED NCJIC MATERIALS:
See NCJIC Chapter 47: Knowledge.
See NCJIC: Chapter 256: Mitigation Of Culpability By Mental Psychological, Medical And/Or Physical Impairment Of The Defendant.
See NCJIC Federal Model Instructions by Offense: 18 USC 545: Smuggling (First Paragraph).
See NCJIC Federal Model Instructions by Offense: 18 USC 545: Illegal Importation (Second Paragraph).
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
3. Defendant Must Request Smuggled Goods
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
A recipient or consignee of merchandise imported into this country cannot be convicted of smuggling unless (he/she) requested that the goods be smuggled into this country. To convict a defendant of Count ____, the government must prove that the defendant requested the goods to be brought secretly into this country without an invoice, that (he/she) knew the importation of that merchandise required invoicing, and that (he/she) acted with intent to defraud the United States of customs revenue.
AUTHORITIES:
Keck v. United States, 172 U.S. 434 (1899); United States v. Bonds, 435 F.2d 164 (9th Cir. 1970).
RELATED NCJIC MATERIALS:
See NCJIC Federal Model Instructions by Offense: 18 USC 545: Smuggling (First Paragraph).
See NCJIC Federal Model Instructions by Offense: 18 USC 545: Illegal Importation (Second Paragraph).
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
4. Charged Offenses Must Have Occurred Within Federal Jurisdiction
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
The government must prove by the preponderance of the evidence that the offenses charged in Count(s) ______ were begun, continued, or completed in the _________ (federal jurisdiction e.g., Eastern District of Wisconsin).
To prove something by the preponderance of the evidence is to prove that it is more likely true than not true. This is a lesser standard of proof than beyond a reasonable doubt. The requirement of proof beyond a reasonable doubt applies to all other issues in the case.
The offense charged in Count ____ is completed where the defendant first receives the merchandise.
The offense charged in Count _____ is completed where the merchandise first enters the United States.
AUTHORITIES:
Eighth Circuit Pattern Instruction 3.13; Keck v. United States, 172 U.S. 434 (1899).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Venue Generally.
RELATED NCJIC MATERIALS:
See NCJIC Federal Model Instructions by Offense: 18 USC 545: Smuggling (First Paragraph).
See NCJIC Federal Model Instructions by Offense: 18 USC 545: Illegal Importation (Second Paragraph).
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
5. Smuggling: Consignee's Agent Not Liable
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION:
Under Count(s) _____, receiving merchandise means the actual delivery of the merchandise to the consignee. Only the consignee may receive merchandise, as that phrase is used in Count(s) _____. An employee of the consignee does not receive the merchandise, as a matter of law.
AUTHORITIES:
Babb v. United States, 282 F.2d 702 (5th Cir. 1958).
RELATED NCJIC MATERIALS:
See NCJIC Federal Model Instructions by Offense: 18 USC 545: Smuggling (First Paragraph).
See NCJIC Federal Model Instructions by Offense: 18 USC 545: Illegal Importation (Second Paragraph).