5th Cir. Pattern Jury Instr. (Criminal) 2.30B

SHIPMENT

18 U.S.C. § 659 (SECOND PARAGRAPH)

Title 18, United States Code, Section 659, makes it a crime for anyone knowingly to buy

[receive] stolen goods that have been shipped from one state to another [to a foreign country].

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That someone stole [embezzled] the property described in the indictment from a

(describe location, e.g., railroad car, aircraft, motor truck) as alleged in the

indictment, while such property was moving as [a part of] an interstate [a foreign] shipment of

freight;

Second: That the defendant thereafter bought [received] [possessed] such property

knowing that it had been stolen [embezzled] as charged; and

Third: That such property then had a value in excess of $1,000.

The word “value” means the face, par, or market value, or cost price, either wholesale or

retail, whichever is greater.

An “interstate [foreign] shipment” means goods or property that are moving as [a part of]

interstate [foreign] commerce.

The interstate [foreign] nature of a shipment begins when the property is first identified

and set aside for the shipment and comes into the possession of those who start its movement in

the course of its interstate [foreign] transportation. The interstate [foreign] nature of the shipment

then continues until the shipment arrives at its destination and is there delivered; temporary stops

between the point of origin and the final destination should not be construed as removing goods

from “an interstate [foreign] shipment.”

While the interstate [foreign] nature of the shipment must be proved, it is not necessary to

show that either the person who stole the property or the defendant knew that the goods were a

part of such a shipment at the time they were stolen. But, it is necessary for the government to

prove that the defendant knew the property was stolen property at the time the defendant bought,

received, or possessed it.

To “steal” means to wrongfully take money or property belonging to another with intent to

deprive the owner of its use and benefit either temporarily or permanently. Any appreciable change

of the location of the property with the intent to deprive constitutes a stealing whether or not there

is an actual removal of it from the owner’s premises.

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[To “embezzle” means to wrongfully, intentionally take money or property of another after

the money or property has lawfully come within the possession or control of the person taking it.]