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US-CA5 · jury_instructions

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

ACQUISITION OF CONTROLLED SUBSTANCES BY

activein force · 2026-08-19 – presentas-observed

MISREPRESENTATION

21 U.S.C. § 843(a)(3)

Title 21, United States Code, Section 843(a)(3), makes it a crime for anyone to knowingly

or intentionally acquire or obtain possession of a controlled substance by misrepresentation, fraud,

forgery, deception, or subterfuge.

________________ ( list controlled substance ) is a controlled substance within the

meaning of this law.

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 or intentionally acquired or obtained possession of a

controlled substance;

Second: That the defendant acquired or obtained possession of the controlled substance by

misrepresentation [fraud] [forgery] [deception] [subterfuge]; and

Third: That the misrepresentation [fraud] [forgery] [deception] [subterfuge] was material.

A misrepresentation [fraud] [forgery] [deception] [subterfuge] is material if it has a natural

tendency to influence, or is capable of influencing, the decision of the person or entity to which it

was addressed.

Provenance

Source
lb5.uscourts.gov
Retrieved
2026-08-19
Edition
2026-08-19
Content hash
e253cfce846afde404e95dfca0a2e067032971058d5f9660d13c9406042f0234
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