11th Cir. Pattern Jury Instr. (Criminal) O13.5

[Pinkerton v. U.S., 328 U.S. 640 (1946)]

During a conspiracy, if a conspirator commits a crime to advance the

conspiracy toward its goals, then in some cases a coconspirator may be guilty of

the crime even though the coconspirator did not participate directly in the crime.

So regarding counts _____, and Defendants _______________, if you have

first found [either] [any] of those Defendants guilty of the crime of conspiracy as

charged in Count _____, you may also find that Defendant guilty of any of the

crimes charged in Counts _____ even though the Defendant did not personally

participate in the crime. To do so, you must find beyond a reasonable doubt:

(1) during the conspiracy a conspirator committed the additional

crime charged to further the conspiracy’s purpose;

(2) the Defendant was a knowing and willful member of the

conspiracy when the crime was committed; and

(3) it was reasonably foreseeable that a coconspirator would commit

the crime as a consequence of the conspiracy.