11th Cir. Pattern Jury Instr. (Criminal) O101.1

If you find Defendant _______________ guilty of the conspiracy, you must

also make a finding about the amount or weight of the drugs attributable to [him

[her]. Defendant, _______________, has raised the defense that [he] [she]

withdrew from the conspiracy before certain quantities of drugs became the object

of the conspiracy. This can affect the Defendant’s sentence, but Defendant

_______________ has the burden of proving to you, by a preponderance of the

evidence, that [he] [she] did in fact withdraw, and that [he] [she] did so before [a]

certain event[s] involving a larger quantity of drugs took place.

To prove this defense, _______________ must prove the following things:

(1) that [he] [she] completely withdrew from the agreement. A partial

or temporary withdrawal is not enough.

(2) that [he] [she] took some affirmative step to renounce or defeat the

purpose of the conspiracy. An affirmative step would include an

act that is inconsistent with the purpose of the conspiracy. Just

doing nothing, or just avoiding the other members of the group,

would not be enough.

(3) that [he] [she] [made a reasonable effort to communicate the

affirmative act [he] [she] had taken to defeat the purpose of the

conspiracy to the other members of the conspiracy] [disclosed the

scheme to law enforcement authorities.]

(4) that [he] [she] withdrew before any member of the group

committed an act that increased the quantity of drugs attributable

to the conspirators. If [he] [she] withdraws after that point, [he]

[she] will be responsible for the increased amount.

If _______________ proves all four elements, then you must find that [he]

[she] is responsible for the lesser quantity of drugs associated with the conspiracy

prior to his withdrawal. If [he] [she] proves the first three but does not prove the

fourth, then you must find that [he] [she] is responsible for the greater quantity of

drugs associated with the conspiracy for its duration.

The fact that _______________ has raised this defense does not relieve the

Government of its burden of proving, beyond a reasonable doubt, the underlying

conspiracy.