Sixth Circuit Pattern Criminal Jury Instructions
   
 

The Committee on Pattern Jury Instructions of the District Judges Association of the Sixth Circuit produced this edition of jury instructions for use in criminal cases.

To view a section select the corresponding link to the right. Each section can be downloaded individually. The instructions are available in the following formats: WordPerfect, MS-Word, and PDF. The full version in "PDF" can be downloaded here.

NOTE: The Committee has not drafted pattern civil jury instructions.

 

June 2011 UPDATES

 

Changes to the instructions made on June 13, 2011 include the following:
       
I. New instructions were added.
  1) Instruction 7.20 Statement by Defendant    
 

This instruction is designed to cover the situation that arose in United States v. Adams, 583 F.3d 457 (6th Cir. 2009).

       
  2) Chapter 14 has elements instructions for controlled substances offenses, and includes special verdict forms for §§ 841 and 846 when Apprendi is implicated.
       
  Chapter 14.00 Controlled Substances Offenses    
 

14.01 Possession of a Controlled Substance with Intent to Distribute (21 U.S.C. § 841(a)(1))

14.02 Distribution of a Controlled Substance (21 U.S.C. § 841(a)(1))

14.03 Manufacture of a Controlled Substance (21 U.S.C. § 841(a)(1))

14.04 Possession of a Controlled Substance (21 U.S.C. § 844)

14.05 Conspiracy (21 U.S.C. § 846)

14.06 Distribution in or near Schools or Colleges (21 U.S.C. § 860(a))

14.07A Unanimity Required: Determining Amount of Controlled Substance (§ 841) and Special Verdict Forms 14.07A-1 and 14.07A-2

14.07B Unanimity Required: Determining Amount of Controlled Substance (§ 846) and Special Verdict Forms 14.07B-1 and 14.07B-2

 
  3) Chapter 15 has elements instructions for identity fraud and theft and access device fraud.
       
  Chapter 15.00 Identity and Access Device Crimes    
 

15.01 Fraud and related activity in connection with identification documents, authentication features, and information (18 U.S.C. § 1028(a)(1) (producing an identification document, authentication feature, or false identification document))

15.02 Fraud and related activity in connection with identification documents, authentication features, and information (18 U.S.C. § 1028(a)(3) (possessing with intent to use unlawfully or transfer unlawfully five or more identification documents, authentication features, or false identification documents))

15.03 Fraud and related activity in connection with identification documents, authentication features, and information (18 U.S.C. § 1028(a)(6) (possessing an identification document or authentication feature which is stolen or unlawfully produced))

15.04 Aggravated identity theft (18 U.S.C. § 1028A(a)(1))

15.05 Fraud and related activity in connection with access devices (18 U.S.C. § 1029(a)(2) (trafficking in or using one or more unauthorized access devices during a one-year period))

       
II. Existing instructions were changed.
 

1) The Chapter 13 elements instructions on 18 U.S.C. § 1001 were changed in the materiality definition by adding the optional term “function.” This is a minor change that allows courts more readily to tailor the instructions when the defendant is charged with making a false statement to a federal law enforcement official conducting an investigation.

2) Instruction 8.03C Unanimity Required: Statutory Maximum Penalty Increased (Controlled Substances: 21 U.S.C. § 841) was withdrawn and the content was moved to a new instruction, Instruction 14.07A Unanimity Required: Determining Amount of Controlled Substance (§ 841) and Special Verdict Forms 14.07A-1 and 14.07A-2.

3) Stylistic and conforming changes were made to the language of instructions 3.03 Defendant’s Connection to the Conspiracy; 12.01 Firearms – Possession of Firearm by Convicted Felon (18 U.S.C. § 922(g)(1)); and 12.03 Firearms – Possessing a Firearm in Furtherance of a Crime of Violence or Drug Trafficking Crime (18 U.S.C. § 924(c)(1)(A)(i)). The Committee did not intend any substantive change.