THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
Go to Shellow
Collection Table of Contents
Using Or Carrying A Firearm During And In Relation To Drug Trafficking Or Crime Of Violence (18 USC 924(c))
1. 18 USC 924(c): Elements Of The Offense
THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
1. 18 USC 924(c): Elements Of The Offense
ALERT: Carefully review the Caveats and Disclaimers before using these materials.
SAMPLE INSTRUCTION # 1:
Only if you return a verdict of guilty on Count ___ or Count ___, or both, may you consider a verdict of guilty on Count ____.
To support a conviction under Count ____, which charges the defendant of using or carrying a firearm during and in relation to a drug trafficking crime, the government must prove each of the following three elements beyond a reasonable doubt: first, that the defendant committed a drug trafficking crime. This element is satisfied if you find the defendant guilty on either of the first two counts, or both of them, but is otherwise not satisfied; second, the defendant intentionally used a firearm; third, during and in relation to the drug trafficking crime.
By the term "during and in relation to a drug trafficking crime", I mean that the government must prove beyond a reasonable doubt that the defendant carried a firearm for the purpose of facilitating an illegal drug transaction.
The term "firearm" means any weapon which will, or is designed to, expel a projectile by the action of an explosive.
If you find from your consideration of the evidence that the government has proven each of these propositions beyond a reasonable doubt, you may find the defendant guilty. If, on the other hand, any of these propositions has not been proven beyond a reasonable doubt, you must find the defendant not guilty.
AUTHORITY:
18 USC 921(a)(3), 924(c)(1).
CASES WHERE THE ABOVE INSTRUCTION WAS GIVEN:
United States v. Krasaway, No. 88-5418, Slip Op. (8th Cir. August 4, 1989).
SAMPLE INSTRUCTION # 2:
Only if you return a verdict of guilty on Count ___ may you consider a verdict of guilty on Count ___.
To support a conviction under Count ___, which charges __________ (name of defendant) with using or carrying a firearm during and in relation to a drug trafficking crime, the government must prove each of the following three elements beyond a reasonable doubt: first, that __________ (name of defendant) committed a drug trafficking crime. This element is satisfied if you find __________ (name of defendant) guilty on Count ___, but is otherwise not satisfied.
Second, that __________ (name of defendant) intentionally used a firearm, __________ (type of firearm). The term "firearm" means any weapon which will, or is designed to, expel a projectile by the action of an explosive.
Third, that __________’s (name of defendant) intentional use of the above-described firearm was during and in relation to the drug trafficking crime. By the term "during and in relation to a drug trafficking crime", I mean that the government must prove beyond a reasonable doubt that __________ (name of defendant) used the firearm for the purpose of facilitating the illegal drug offense charged in Count ___.
The firearm must have some purpose or effect with respect to the drug trafficking crime; its presence or involvement cannot be the result of accident or coincidence.
If you find from your consideration of the evidence that the government has proven each of these propositions beyond a reasonable doubt, you may find the defendant guilty. If, on the other hand, any of these propositions has not been proven beyond a reasonable doubt, you must find the defendant not guilty.
AUTHORITIES:
18 USC 921(a)(3), 924(c)(1); Smith v. United States, 113 S.Ct. 2050 (1993); United States v. Krasaway, 881 F.2d 550 (8th Cir. 1988).
RELATED SHELLOW MATERIALS:
See also THE SHELLOW COLLECTION: Possession Of Firearm By Felon.
RELATED NCJIC MATERIALS:
See NCJIC Chapter 106: Weapons Or Firearms: Possession, Transportation, Etc.
See NCJIC Federal Model Instructions by Offense: 18 USC 924(c).