Pattern Criminal Jury Instructions of the TRAFFICKING CRIME OR CRIME OF VIOLENCE U.S.C.§ 924(C)(1)
Jurisdiction | United States |
Section | Pattern Criminal Jury Instructions |
Notes | This instruction applies when the indictment charges “possession” of a firearm “in furtherance of” a drug trafficking crime or crime of violence. It must not be used when the indictment charges using or car- rying a firearm “during and in relation to” a drug trafficking crime or a crime of violence. United States v. Avery, 295 F.3d 1158, 1172–77 (10th Cir. 2002). Instead, use Instruction 2.45. The definition of possession “in furtherance of” is taken from United States v. Basham, 268 F.3d 1199, 1206–08 (10th Cir. 2001). The “in furtherance factors” are discussed in United States v. Trotter, 483 F.3d 694, 701 (10th Cir. 2007). Trading firearms for drugs satisfies the “in furtherance” requirement. United States v. Luke-Sanchez, 483 F.3d 703, 705–06 (10th Cir. 2007). The paragraph beginning “[The term “firearm” means . . . ]” is bracketed to indicate that the alternatives should be used as appropri- ate to the case. When the government has charged a defendant with aiding and abetting a violation of 18 U.S.C. § 924(c), the government must prove “that the defendant actively participated in the underlying drug traf- ficking or violent crime with advance knowledge that a confederate would use or carry a gun during the crime’s commission.” Rosemond v. United States, 134 S. Ct. 1240, 1243 (2014). The defendant’s knowledge of a confederate’s using or carrying a firearm must be in advance of the criminal enterprise or in advance of a reasonable opportunity to withdraw from the criminal enterprise. See id. at 1249–52. See Instruc- tion 2.06, Comment. |
2.45.1
PATTERN CRIMINAL JURY INSTRUCTIONS
2.45.1
162
POSSESSION OF A FIREARM IN FURTHERANCE
OF A DRUG TRAFFICKING CRIME OR CRIME OF
VIOLENCE
18 U.S.C. § 924(c)(1)
The defendant is charged in count ————— with a
violation of 18 U.S.C. section 924(c)(1).
This law makes it a crime to possess a firearm in
furtherance of a [drug trafficking crime] [crime of violence].
To find the defendant guilty of this crime you must be
convinced that the government has proved each of the fol-
lowing beyond a reasonable doubt:
First: the defendant committed the crime of [as charged
in count ————— of the indictment], which is a [drug traf-
ficking crime] [crime of violence];
Second: the defendant possessed a firearm in further-
ance of this crime.
[The term “firearm” means any weapon which will, or is
designed to, or may readily be converted to expel a projectile
by the action of an explosive. The term “firearm” also includes
the frame or receiver of any such weapon, or any firearm
muffler or firearm silencer, or destructive device.]
Possession “in furtherance of” means for the purpose of
assisting in, promoting, accomplishing, advancing, or
achieving the goal or objective of the underlying offense.
Mere presence of a firearm at the scene is not enough to
find possession in furtherance of a [drug trafficking crime]
[crime of violence], because the firearm’s presence may be
coincidental or entirely unrelated to the underlying crime.
Some factors that may help in determining whether posses-
sion of a firearm furthers, advances, or helps advance a [drug
trafficking crime] [crime of violence] include, but are not
limited to:
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