5th Cir. Pattern Jury Instr. (Criminal) 2.91D

18 U.S.C. § 2320(a)(4)

Title 18, United States Code, Section 2320 makes it a crime for a person to intentionally

traffic [attempt to traffic] [conspire to traffic] in a drug and knowingly use a counterfeit mark on

or in connection with such drug.

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 the defendant trafficked in a drug;

Second: That the defendant knowingly used a counterfeit mark on or in connection with

such drug; and

Third: That such trafficking was intentional.

“Traffic” means to transport, transfer, or dispose of, to another, for purposes of commercial

advantage or private financial gain, or to import, export, obtain control of, or possess with intent

to do transport, transfer, or otherwise dispose of.

“Financial gain” includes the receipt, or expected receipt, of anything of value.

The term “drug” is defined by S ection 201 of the Federal Food, Drug, and Cosmetic Act.

You are instructed that __________ (insert applicable drug name) is a drug.

The term “counterfeit mark” means a spurious mark that is used in connection with

trafficking in any goods, services, labels, patches, stickers, wrappers, badges, emblems,

medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any

type or nature.

A “spurious mark” is one that is identical or indistinguishable from a registered trademark

and the use of which is likely to confuse, cause mistake, or deceive.