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

    In order to establish that the named defendant committed the offense of importing heroin as charged in Count(s) _____ of the Superseding Indictment, the Government must prove beyond a reasonable doubt, each of the following elements:

    FIRST: That on or about the dates alleged, the named defendant imported, or aided and abetted the importation of a quantity of _______ (controlled substance, e.g., heroin) into the United States from a place outside thereof;

    SECOND: That the named defendant did so knowingly and intentionally.

    THIRD: That the _______ (controlled substance, e.g., heroin) referred to herein was of a narcotic form.

United States v. Brown, No. CR83-310(C)M (W.D. Wash. 1983).

    Title 21, United States Code, Section 952, reads in part: It shall be unlawful to import . . . into the United States from any place outside thereof, any controlled substance.

    Title 21, United States Code, Section 963, reads in part: Any person who ... conspires to commit any offense defined in this subchapter is guilty of an offense against the United States.

    You are instructed that _______ (controlled substance, e.g., heroin) is a controlled substance under Title 21, United States Code.

United States v. Brown, No. CR83-310(C)M (W.D. Wash. 1983).

See NCJIC Chapter 88: Drugs, Controlled Substances.

See NCJIC Federal Model Instructions by Offense: 21 USC 952 And 21 USC 960: Controlled Substance–Unlawful Importation.

See NCJIC Federal Model Instructions by Offense: 21 USC 952(a): Importation Of Controlled Substances.

See NCJIC Federal Model Instructions by Offense: 21 USC 952(b): Importation Of Non-Narcotic Drugs--Elements.

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

United States v. Davis, 666 F.2d 195 (11th Cir. 1982); United States v. Donaway, 447 F.2d 940 (9th Cir. 1971).

See NCJIC Chapter 88: Drugs, Controlled Substances.

See NCJIC Federal Model Instructions by Offense: 21 USC 952 And 21 USC 960: Controlled Substance–Unlawful Importation.

See NCJIC Federal Model Instructions by Offense: 21 USC 952(a): Importation Of Controlled Substances.

See NCJIC Federal Model Instructions by Offense: 21 USC 952(b): Importation Of Non-Narcotic Drugs--Elements.

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

    The law permits the jury to find the accused guilty of any lesser offense which is necessarily included in the crime charged in the indictment whenever such a course is consistent with the facts found by the jury from the evidence in the case, and with the law as given in the instructions of the Court.

    So, if the jury should unanimously find any accused "Not Guilty" of the crime charged in Count(s) _____ of the superseding indictment then the jury must proceed to determine the guilt or innocence of that accused as to any lesser offense which is necessarily included in the crime charged.

    The crime of importing the narcotic form of _______ (controlled substance, e.g., heroin), which is charged in the superseding indictment, necessarily includes the lesser offense of importing _______ (controlled substance, e.g., heroin) which the government has not proved is the narcotic form of _______ (controlled substance, e.g., heroin). Likewise, the crime of conspiracy to import the narcotic form of _______ (controlled substance, e.g., heroin), which is charged in the superseding indictment, necessarily includes the lesser offense of conspiracy to import some form of _______ (controlled substance, e.g., heroin) which the government has not proved is the narcotic form of _______ (controlled substance, e.g., heroin).

    The jury will bear in mind that the burden is always upon the prosecution to prove beyond a reasonable doubt every essential element of any lesser offense which is necessarily included in any crime charged in the indictment. The law never imposes upon a defendant in a criminal case the burden or duty of calling any witnesses or producing any evidence.

United States v. Brown, No. CR83-310(C)M (W.D. Wash. 1983).

    Accordingly, with respect to Count _____, the elements of the lesser included offense, each of which must be proved to your satisfaction beyond a reasonable doubt are as follows:

    First: That a conspiracy to import some form of _______ (controlled substance, e.g., heroin) was willfully formed, and said conspiracy was existing at or about the time alleged;

    Second: That the accused willfully became a member of that conspiracy; and

    Third: That one of the conspirators thereafter knowingly committed within the _________ (jurisdiction, e.g., Western District of Washington) at least one overt act in furtherance of some object or purpose of the conspiracy.

United States v. Brown, No. CR83-310(C)M (W.D. Wash. 1983).

    With respect to Count(s) _____, the elements of the lesser included offense of importing some form of _______ (controlled substance, e.g., heroin), each of which must be proved to your satisfaction beyond a reasonable doubt, are as follows:

    First: That on or about the date alleged, the named defendant imported, or aided and abetted the importation of a quantity of _______ (controlled substance, e.g., heroin) into the United States from a place outside thereof;

    Second: That the named defendant did so knowingly and intentionally.

United States v. Brown, No. CR83-310(C)M (W.D. Wash. 1983).

See NCJIC Chapter 88: Drugs, Controlled Substances.

See NCJIC Federal Model Instructions by Offense: 21 USC 952 And 21 USC 960: Controlled Substance–Unlawful Importation.

See NCJIC Federal Model Instructions by Offense: 21 USC 952(a): Importation Of Controlled Substances.

See NCJIC Federal Model Instructions by Offense: 21 USC 952(b): Importation Of Non-Narcotic Drugs--Elements.