11th Cir. Pattern Jury Instr. (Criminal) O103

Schools or Public Housing

21 U.S.C. § 860

It’s a Federal crime to be within 1,000 feet of [a school] [a housing facility

owned by a public -housing authority] and possess a controlled substance with

intent to distribute it.

[Substance] is a “controlled substance.”

The Defendant can be found guilty of this crime only if all the following

facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly possessed a controlled substance;

(2) the Defendant possessed the controlled substance at some place

within 1,000 feet of [a school] [a housing facility owned by a

public- housing authority]; and

(3) the Defendant intended to distribute the controlled substance.

To “intend to distribute” simply means to want or plan or prepare to deliver

or transfer possession of a controlled substance to someone else, even if nothing of

value is exchanged.

[The Defendant[s] [is/are] charged with [distributing] [possessing with intent

to distribute] at least [threshold(s)] of [substance (s)]. But you may find [the /any]

Defendant guilty of the crime even if the amount of the controlled substance[s] for

which [he/she] should be held responsible is less than [threshold(s)]. So if you find

[the/any] Defendant guilty, you must also find whether the Government has proved

beyond a reasonable doubt the weight of [substance (s)] the Defendant possessed

and specify the amount[s] on the verdict form.]