10th Cir. Crim. Pattern Jury Instr. 3.08

Before you may consider whether the death penalty is an

appropriate sentence for the defendant, you must unanimously

find beyond a reasonable doubt that the government has proved at

least one of the following aggravating factors prescribed by

Congress and alleged by the government in this case:

[Insert the appropriate statutory aggravating factors]

There are specific factual circumstances that must be

established by proof beyond a reasonable doubt for each of these

statutory aggravating factors. These will be explained in

individual instructions to follow.

The statutory aggravating factors are set out in the Special

Findings Form and you must consider and resolve them

separately. You must decide for each one whether you

unanimously agree that it has been proved beyond a reasonable

doubt, indicate your answer on the Form, and continue until you

h a v e fi n i s h e d w i t h t h e m a l l . I f y o u a n s w e r “ n o ” t o a l l o f t h e

statutory aggravating factors, sign Verdict III -B (Life

Imprisonment) and certify your decision as described in section IV

of the Form, which will conclude your deliberations. If you answer

“yes” to one or more of the statutory factors, proceed to the next

step in your deliberations, which involves consideration of any

non-statutory aggravating factors.