5th Cir. Pattern Jury Instr. (Criminal) 2.95A

DISTRIBUTE

21 U.S.C. §§ 841(a)(1), (b)

Title 21, United States Code, Section 841(a)(1), makes it a crime for anyone knowingly or

intentionally to possess a controlled substance with intent to distribute it.

______________ ( name controlled substance ) is a controlled substance within the

meaning of this law. To “possess with intent to distribute” simply means to possess with intent to

deliver or transfer possession of a controlled substance to another person, with or without any

financial interest in the transaction.

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 knowingly possessed a controlled substance;

Second: That the substance was in fact _____________ (name controlled substance); and

Third: That the defendant possessed the substance with the intent to distribute it.

[Fourth: That the quantity of the substance was at least _____________ (state quantity).]

[OR] [SPECIAL VERDICT FORM]

Title 21, United States Code, Section 841(a)(1), makes it a crime for anyone knowingly or

intentionally to possess a controlled substance with intent to distribute it.

______________ ( name controlled substance ) is a controlled substance within the

meaning of this law. To “possess with intent to distribute” simply means to possess with intent to

deliver or transfer possession of a controlled substance to another person, with or without any

financial interest in the transaction.

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 knowingly possessed a controlled substance;

Second: That the substance was in fact _____________ (name controlled substance); and

Third: That the defendant possessed the substance with the intent to distribute it.

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[Fourth: That the quantity of the controlled substance was (place an X in the appropriate

box):

(Only the amount alleged in the indictment should be listed.)

(a) Marijuana [Check only one box]

(i) Weighing 1000 kilograms or more []

(ii) Weighing 100 kilograms or more []

(iii) Weighing 50 kilograms or more []

(iv) Weighing less than 50 kilograms []

(b) Cocaine [Check only one box]

(i) Weighing 5 kilograms or more []

(ii) Weighing 500 grams or more []

(iii) Weighing less than 500 grams []

(c) Cocaine base (“crack cocaine”) [Check only one box]

(i) Weighing 280 grams or more []

(ii) Weighing 28 grams or more []

(iii) Weighing less than 28 grams []

(d) Phencyclidine (PCP) [Check only one box]

(i) Weighing 100 grams or more []

(ii) Weighing 10 grams or more []

(iii) Weighing less than 100 grams []

(e) Lysergic acid diethylamide (LSD) [Check only one box]

(i) Weighing 10 grams or more []

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(ii) Weighing 1 gram or more []

(iii) Weighing less than 1 gram []

(f) Methamphetamine [Check only one box]

(i) Weighing 50 grams or more []

(ii) Weighing 5 grams or more []

(iii) Weighing less than 5 gram []

(g) Heroin [Check only one box]

(i) Weighing 1 kilogram or more []

(ii) Weighing 100 grams or more []

(iii) Weighing less than 100 grams []

(h) N-phrnyl-N-[1-(2-phenylethyl)-4-piperidinyl] propenamide (fentanyl)

[Check only one box]

(i) Weighing 100 grams or more []

(ii) Weighing 40 grams or more []

(iii) Weighing less than 40 grams [].]

[SPECIAL VERDICT FORM FOR INDICTMENT ALLEGING SERIOUS BODILY

INJURY OR DEATH]

[Fourth [Fifth]: With respect to this Count, we further find beyond a reasonable doubt

that the use of the substance distributed by the defendant caused serious bodily injury [death].]

Yes []

No []

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