Jury Instructions

The Second Circuit affirmed a district court’s order acquitting a defendant of violations of the Foreign Corrupt Practices Act, holding that the defendant, who worked for a U.K. subsidiary of a U.S. company involved in bribing Indonesian officials, was not an “agent” or employee” of the U.S. company under common law. The Court also held that the defendant’s speedy trial rights were not violated by a 6-year delay and that the trial court did not err in instructing the jury on withdrawal from a conspiracy and proving venue in a case involving money transfers through multiple states.

Alfonzo Lewis was convicted of drug offenses and challenged his arrest, jury selection, and other aspects of his trial on appeal. Lewis had initially been investigated by a federal drug task force that included state and local agents. After agents witnessed him leaving a house after a drug transaction, local law enforcement conducted a traffic …

United States v. Lewis (11th Cir. July 2022) Read More »

In a 6-3 opinion, the Supreme Court held that the prosecution in a “pill mill” case, where a doctor has been charged with unlawfully prescribing drugs, must prove beyond a reasonable doubt that the doctor was acting in a manner not authorized by the statute, i.e. that the doctor knew that their prescribing practices were unauthorized and was not acting in “good faith.” Previously, doctors could be convicted if their prescriptions were not for a legitimate purpose or otherwise not within the usual course of a professional medical practice–a standard resembling negligence.

The Fifth Circuit reversed a defendant’s conviction for carrying a firearm during a crime of violence or drug trafficking crime under 924(c). The trial court had erroneously instructedhe jury that it could find the defendants guilty of those charges if they used or carried a firearm in relation to either the “crime of violence” charged by their RICO conspiracy count or the drug trafficking crime charged, but RICO is not a “crime of violence” under Fifth Circuit precedent.

The Fifth Circuit reversed a defendant’s conviction for possession of a firearm by someone adjudicated as a mental defective or who has been committed to a mental institution. The trial court erroneously instructed the jury that it could find the defendant guilty based on finding he was either adjudicated a mental defective OR had previously been committed, though the indictment only alleged the former and not the latter.

The Eleventh Circuit reversed the district court’s denial of a defendant’s motion to vacate their sentence under 28 USC 2255. The Court held that the district court erred in instructing the jury on aiding and abetting in an unlawful possession of a firearm case where the government did not present any evidence that the defendant knew his co-defendant was prohibited from possessing firearms. The Court also held that Rehaif is retroactive to cases on collateral review and discussed the standard for procedural default under 2255 at length.

The Sixth Circuit vacated a defendant’s sentence and remanded for new trial on the limited issue of whether he was within the “chain of distribution” of the drugs that resulted in the victims’ deaths.

The Sixth Circuit affirmed a defendant’s conviction and sentence. The Court held that the district court did not err in using the future-tense in instructing the jury on the elements of RICO, since the conspiracy charge criminalized the agreement to form a racketeering enterprise, even if the enterprise has not been formed yet. The Court also affirmed the two-level enhancement for maintaining a premise for drug distribution, holding that the defendant could be held accountable for a co-defendant’s maintenance of a premise that was part of a jointly undertaken criminal activity.

The First Circuit vacated a defendant’s conviction for enticing a minor after the defendant arranged with an undercover agent to have sex with a minor. The Court held that the defendant was entitled to an instruction on entrapment where there was evidence of improper inducement based on the agent offering to “bundle” legal sex with an adult with illegal sex with a minor, and where the agent downplayed the potential harm. There was also evidence that the defendant was not predisposed, given the lack of evidence of similar transactions and the defendant’s initial hesitation.

The Second Circuit vacated a defendant’s conviction for distributing fentanyl. The Court held that the defendant only has to present “some credible evidence” regarding government inducement in order to obtain an instruction on entrapment. The Government’s law enforcement witness also improperly testified that the defendant was an experienced drug dealer, which required specialized knowledge.