US-CA6 · jury_instructions
6th Cir. Pattern Crim. Jury Instr. 5.02
SHAM CONTROLLED SUBSTANCE CASES
(1) The fact that the substance involved in this case was not real _______ is no defense to the attempt charge. But the government must convince you that the defendant actually thought he was buying [selling] real _______.
(2) The government must show that the defendant's actions uniquely marked his conduct as criminal. In other words, the defendant's conduct, taken as a whole, must clearly confirm beyond a reasonable doubt that he actually thought he was buying [selling] real _______.
Use Note
This instruction should be used when the defendant is charged with an attempted controlled substance offense based on a sale or purchase of sham drugs. This instruction should be given in addition to an instruction outlining the elements of attempt.
If the defendant is charged with buying or selling sham drugs knowing they were sham, the defendant lacks the mens rea for an attempted controlled substances crime and this instruction should not be given.
Provenance
- Source
- ca6.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
8a40ca2aa70efa65d9ef355ba2d07354bd4a7bff5721452b8e86396cc9cf8446
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