UPDATES TO 2005 EDITION
Brief Description of Changes Made on March 30, 2007 (covering law through December 31, 2006)
Introduction
Updated with new cites for rules on citing unpublished opinions
1.03 Presumption of Innocence, Burden of Proof, Reasonable Doubt
Commentary updated with U.S. v. Hynes and U.S. v. Smith
1.07 Credibility of Witnesses
Commentary updated with U.S. v. Franklin
2.02 Definition of the Crime
Commentary updated with U.S. v. Smith
3.04 Overt Acts
Commentary updated with U.S. v. Whitfield
3.08 Multiple Conspiracies–Material Variance From the Indictment
Commentary updated with U.S. v. Blackwell
4.01 Aiding and Abetting
Commentary updated with U.S. v. Katuramu
6.03 Entrapment
Commentary updated with U.S. v. Blood
6.05 Coercion/Duress
Text of instruction paragraphs (1) and (3) changed and paragraph (4) added to
indicate that burden of proof is on defendant based on Dixon v. U.S.
Commentary amended to explain paragraphs (3) and (4)
6.07 Justification
Commentary updated with U.S. v. Hargrove
7.03 Expert Testimony
Commentary updated with U.S. v. Lopez-Medina
7.07 Testimony of a Witness Under Grant of Immunity or Reduced Criminal Liability
Commentary updated with U.S. v. Hynes
7.08 Testimony of an Accomplice
Commentary updated with U.S. v. Hynes and U.S. v. Savoca
7.13 Other Acts of Defendant
Commentary updated with U.S. v. Newsom
8.03B Unanimity Not Required–Means
Commentary updated with U.S. v. Damrah
10.01 Mail Fraud (18 U.S.C. § 1341)
Text of instruction paragraph (1)(A) changed to define single offense more clearly
Text of instruction paragraph (2)(D) changed by deleting brackets around and
thereby adopting objective definition of materiality
Commentary amended to explain paragraphs (1)(A) and (2)(D)
10.02 Wire Fraud (18 U.S.C. § 1343)
Text of instruction paragraph (1)(A) changed to define single offense more clearly
Text of instruction paragraph (2)(D) changed by deleting brackets around and
thereby adopting objective definition of materiality
Commentary amended to explain paragraphs (1)(A) and (2)(D)
10.03 Bank Fraud (18 U.S.C. § 1344)
Text of instruction paragraph (2)(D) changed by deleting brackets around and
thereby adopting objective definition of materiality
Commentary amended to explain paragraph (2)(D)
11.01 Domestic Financial Transaction (18 U.S.C. § 1956(a)(1)(A)(intent to promote the
carrying on of specified unlawful activity))
Commentary updated with U.S. v. Jamieson and U.S. v. Bencs
11.02 Domestic Financial Transaction (18 U.S.C. § 1956(a)(1)(B)(knowing the
transaction is designed to conceal facts related to proceeds))
Commentary updated with U.S. v. Jamieson and U.S. v. Bencs
11.05 Undercover Investigation (18 U.S.C. § 1956(a)(3))
Commentary updated with U.S. v. Jamieson and U.S. v. Bencs
12.01 Possession of Firearm by Convicted Felon (18 U.S.C. § 922(g)(1))
Commentary updated with Small v. U.S.
12.02 Using or Carrying a Firearm During and in Relation to a Crime of Violence or Drug Trafficking Crime (18 U.S.C. § 924(c)(1)(A)(i))
Commentary updated with U.S. v. Harris
12.03 Possessing a Firearm in Furtherance of a Crime of Violence or Drug Trafficking
Crime (18 U.S.C. § 924(c)(1)(A)(i))
Commentary updated with U.S. v. Frederick