THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin
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Possession With Intent To Distribute A Controlled Substance (21 USC 841)

    1.    Possession With Intent To Distribute: Elements

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    Possession With Intent To Distribute: Elements

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

    To sustain the charge of possession of __________ (controlled substance) with intent to distribute, the government must prove the following propositions:

    First, the defendant knowingly or intentionally possessed __________ (controlled substance);

    Second, the defendant possessed __________ (controlled substance) with the intent to distribute it; and,

    Third, the defendant knew the substance was a controlled substance.

    If you find from your consideration of all the evidence that each of these propositions has been proved beyond a reasonable doubt, then you should find the defendant guilty.

    If, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved beyond a reasonable doubt, then you should find the defendant not guilty.

7th CIRCUIT FEDERAL INSTRUCTIONS 04 [Possession With Intent to Distribute--Elements] (1999).

See also THE SHELLOW COLLECTION: Drugs, Controlled Substances.

See generally NCJIC Chapter 88: Drugs, Controlled Substances.

See NCJIC Federal Model Instructions by Offense: 21 USC 841(a)(1): Possession With Intent To Distribute A Controlled Substance.

See NCJIC Federal Model Instructions by Offense: 21 USC 841(a)(1) And 21 USC 846: Controlled Substance–Attempted Possession With Intent To Distribute.

See NCJIC Federal Model Instructions by Offense: 21 USC 841(a)(1) And 21 USC 846: Controlled Substance--Attempted Distribution.

See NCJIC Federal Model Instructions by Offense: 21 USC 841(a)(1), 21 USC 846 And 21 USC 859: Controlled Substance–Attempted Distribution To Person Under 21 Years.

See NCJIC Federal Model Instructions by Offense: 21 USC 841(a)(1), 21 USC 846 And 21 USC 860: Controlled Substance–Attempted Distribution In Or Near School.