10th Cir. Crim. Pattern Jury Instr. 2.22

The defendant has raised the affirmative defense of

withdrawal from the conspiracy.

I f y o u h a v e fi r s t f o u n d t h e d e f e n d a n t w a s a m e m b e r o f t h e

conspiracy charged in count —————, then you must determine

whether the defendant thereafter withdrew from the conspiracy.

In order to find that the defendant withdrew from the

conspiracy, you must be convinced that the defendant has proven

by a preponderance of the evidence that he took an affirmative

step to either defeat the purpose of the conspiracy, either by

reporting to t he authorities or communicating to his

coconspirators that he was no longer participating in the

conspiracy.