US-CA6 · jury_instructions
6th Cir. Pattern Crim. Jury Instr. 14.07B
UNANIMITY REQUIRED – DETERMINING AMOUNT OF CONTROLLED SUBSTANCE (§ 846)
(1) The defendant is charged in Count _____ of the indictment with conspiracy to [insert object(s) of conspiracy]. If you find the defendant guilty of this charge, you will then be asked to determine the quantity of the controlled substance involved in the conspiracy that was attributable to him as the result of his own conduct and the conduct of other co-conspirators that was reasonably foreseeable to him. You will be provided with a special verdict form for this purpose.
(2) If you find by unanimous agreement that the government has proved beyond a reasonable doubt that a quantity of at least ______ of a mixture or substance containing a detectable amount of [name controlled substance] was attributable to defendant as the result of his own conduct and the conduct of other co-conspirators that was reasonably foreseeable to him, then please indicate this finding on the special verdict form.
[(3) If you do not so find, you will then be asked to determine whether the government has proved a lesser quantity. If you unanimously find that the government has proved beyond a reasonable doubt that a quantity of at least _______ of a mixture or substance containing a detectable amount of [name controlled substance] was attributable to defendant as the result of his own conduct and the conduct of other co-conspirators that was reasonably foreseeable to him, then please indicate that finding on the special verdict form.]
(4) In determining the quantity of the controlled substance, you need not find that the defendant knew that his offense involved this quantity of drugs.
Use Note
This instruction explains the requirements of Apprendi v. New Jersey, 530 U.S. 466 (2000) and Alleyne v. United States, 133 S. Ct. 2151 (2013) in a controlled substances conspiracy case. In these cases, the committee recommends that the court give this instruction and use a special verdict form. Special verdict forms are provided below following the commentary.
Depending upon the nature and quantity of the controlled substance alleged in the indictment and the special verdict form used, bracketed paragraph (3) may not be necessary to determine the quantity for sentencing purposes.
Provenance
- Source
- ca6.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
b22281db3dfcc1ec651124cbe509629d80253912c19c7bf83f61b43621d3e3cc
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