11th Cir. Pattern Jury Instr. (Criminal) O23.2

18 U.S.C. § 659 (Second Paragraph)

It’s a Federal crime to knowingly buy or receive goods stolen from a

[railroad car] [motor truck] carrying an interstate shipment of freight if the

property’s value is more than $1,000.

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

facts are proved beyond a reasonable doubt:

(1) someone knowingly [embezzled] [stole] from a [railroad car]

[motor truck] the property described in the indictment while it

was moving as or part of, an interstate shipment of freight or

express;

(2) the Defendant bought, received or possessed the property knowing

that it was stolen; and

(3) the property then had a value greater than $1,000.

“Value” means the greater of (1) the face, par, or market value, or (2) the

price, whether wholesale or retail.

An “interstate shipment” means the movement or transportation of property

from one state into another.

An interstate shipment begins when property is identified and prepared for

shipping and placed in the carrier’s possession, and continues until the shipment is

delivered at its destination.

A waybill or other shipping document is prima facie evidence of the

shipment’s places of origin and destination.

“Prima facie evidence” is evidence that’s sufficient for proof unless it’s

outweighed by other evidence. So an authenticated waybill, bill of lading, invoice,

or other shipping document is enough to show that a shipment was interstate unless

other evidence leads you to a different conclusion.

The interstate nature of the shipment is an essential part of the offense, but

it’s not necessary to prove that the Defendant knew that the property was part of an

interstate shipment when the alleged [embezzlement] [theft] occurred; only that the

Defendant intended to [embezzle] [steal] it.

But the Government must prove that the Defendant knew the property was

stolen property when [he] [she] bought, received or possessed it.

To “embezzle” means to wrongfully take someone else’s property after

lawfully taking possession or control of it.

To “steal” or “unlawfully take” means to wrongfully take property belonging

to someone else with the intent to deprive the owner of the property’s use or benefit

permanently or temporarily and to convert it to one's own use or the use of another.

The Government must prove beyond a reasonable doubt that the Defendant

bought or received or possessed the stolen property, not that the Defendant did all

three. But to find the Defendant guilty, you must all agree on which of those things

the Defendant did.