10th Cir. Crim. Pattern Jury Instr. 2.45.3

FIREARM IN FURTHERANCE OF A DRUG

TRAFFICKING CRIME OR CRIME OF VIOLENCE

18 U.S.C. § 2(a); 18 U.S.C. § 924(c)(1)

For you to find the defendant guilty of violating 18

U.S.C. section 924(c)(1), it is not necessary for you to find

that the defendant personally committed the crime. You may also

find him guilty if he intentionally helped someone else commit the

crime.

To find the defendant guilty of violating 18 U.S.C.

§ 924(c)(1) as an aider and abettor, you must be convinced

that the government has proved each of the following beyond a

reasonable doubt:

First: the crime of possessing a firearm in furtherance of a

[drug trafficking crime] [crime of violence] [as outlined in

Instruction ———] was committed by someone other than the

defendant;

Second: the defendant intentionally associated himself in

some way with the crime and intentionally participated in it as he

would in something he wished to bring about. This means the

government must prove that the defendant consciously shared the

other person’s knowledge of the underlying criminal act and

intended to help him; and

Third, the defendant knew in advance of the [drug trafficking

crime] [crime of violence] that the other person would possess a

firearm in furtherance of that crime.

You are instructed that if the defendant knew nothing of the

firearm until it appeared at the scene of the [drug trafficking

crime] [crime of violence] and had either (1) completed his acts of

assistance, or (2) had not completed his acts of assistance but had

no realistic opportunity to withdraw from the criminal enterprise,

the advance knowledge element cannot be met.