5th Cir. Pattern Jury Instr. (Criminal) 1.31

In any criminal case the government must prove not only the essential elements of the

offense or offenses charged, as hereafter defined, but must also prove, beyond a reasonable doubt,

the identity of the defendant as the perpetrator of the alleged offense[s].

In evaluating the identification testimony of a witness, you should consider all of the factors

already mentioned concerning your assessment of the credibility of any witness in general, and

should also consider whether the witness had an adequate opportunity to observe the person in

question at the time or times about which the witness testified. You may consider all matters,

including the length of time the witness had to observe the person in question, the prevailing

conditions at that time in terms of v isibility or distance and the like, and whether the witness had

known or observed the person at earlier times.

You may also consider the circumstances surrounding the identification itself including,

for example, the manner in which the defendant was presented to the witness for identification and

the length of time that elapsed between the incident in question and the next opportunity the

witness had to observe the defendant.

If, after examining all of the testimony and evidence in the case, you have a reasonable

doubt as to the identity of the defendant as the perpetrator of the offense charged, you must find

the defendant not guilty.