IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

UNITED STATES OF AMERICA )

 )

 v. ) CR. NO. 03:06CR208-MEF

)

JASON EDWARD COFIELD )

UNITED STATES’ PROPOSED JURY INSTRUCTIONS

Comes now the United States of America, by and through Leura

G. Canary, United States Attorney for the Middle District of

Alabama, and respectfully requests that the following Jury

Instructions be given to the jury in the above-styled case.

Respectfully submitted this the 5th day of March, 2007.

LEURA G. CANARY

UNITED STATES ATTORNEY

/s/ Verne H. Speirs

VERNE H. SPEIRS

Assistant United States Attorney

One Court Square, Suite 201

Montgomery, AL 36104

Phone: (334) 223-7280

Fax: (334) 223-7135

verne.speirs@usdoj.gov

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IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

UNITED STATES OF AMERICA )

 )

 v. ) CR. NO. 03:06CR208-MEF

)

JASON EDWARD COFIELD )

CERTIFICATE OF SERVICE

I hereby certify that on March 5, 2007, I electronically filed

the following Jury Instructions with the Clerk of the Court using

the CM/ECF system which will send notification of such filing to

Pate DeBardeleben.

LEURA G. CANARY

UNITED STATES ATTORNEY

/s/ Verne H. Speirs

VERNE H. SPEIRS

Assistant United States Attorney

One Court Square, Suite 201

Montgomery, AL 36104

Phone: (334) 223-7280

Fax: (334) 223-7135

verne.speirs@usdoj.gov

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 1

Eleventh Circuit Pattern Jury Instructions, Criminal

Basic Instruction No. 2.2

DUTY TO FOLLOW INSTRUCTIONS

PRESUMPTION OF INNOCENCE

(WHEN ANY DEFENDANT DOES NOT TESTIFY)

You must make your decision only on the basis of the testimony

and other evidence presented here during the trial; and you must

not be influenced in any way by either sympathy or prejudice for or

against the Defendant or the Government. 

 You must also follow the law as I explain it to you whether you

agree with that law or not; and you must follow all of my

instructions as a whole. You may not single out, or disregard, any

of the Court’s instructions on the law. 

 The indictment or formal charge against any Defendant is not

evidence of guilt. Indeed, the Defendant is presumed by the law to

be innocent. The law does not require a Defendant to prove his

innocence or produce any evidence at all. The Government has the

burden of proving a Defendant guilty beyond a reasonable doubt, and

if it fails to do so you must find the Defendant not guilty.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 2

Eleventh Circuit Pattern Jury Instructions, Criminal

Basic Instruction No. 3

DEFINITION OF REASONABLE DOUBT

Thus, while the Government’s burden of proof is a strict or

heavy burden, it is not necessary that the Defendant’s guilt be

proved beyond all possible doubt. It is only required that the

Government’s proof exclude any “reasonable doubt” concerning the

Defendant’s guilt. 

 A “reasonable doubt” is a real doubt, based upon reason and

common sense after careful and impartial consideration of all the

evidence in the case. 

 Proof beyond a reasonable doubt, therefore, is proof of such a

convincing character that you would be willing to rely and act upon

it without hesitation in the most important of your own affairs.

If you are convinced that the Defendant has been proved guilty

beyond a reasonable doubt, say so. If you are not convinced, say

so.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 3

Eleventh Circuit Pattern Jury Instructions, Criminal

Basic Instruction No. 4.2

CONSIDERATION OF THE EVIDENCE, DIRECT AND CIRCUMSTANTIAL –

ARGUMENT OF COUNSEL AND COMMENTS BY THE COURT

As I said earlier, you must consider only the evidence that I

have admitted in the case. The term “evidence” includes the

testimony of the witnesses and the exhibits admitted in the record.

Remember that anything the lawyers say is not evidence in the case.

It is your own recollection and interpretation of the evidence that

controls. What the lawyers say is not binding upon you. Also, you

should not assume from anything I may have said that I have any

opinion concerning any of the issues in this case. Except for my

instructions to you on the law, you should disregard anything I may

have said during the trial in arriving at your own decision

concerning the facts.

In considering the evidence you may make deductions and reach

conclusions which reason and common sense lead you to make; and you

should not be concerned about whether the evidence is direct or

circumstantial. “Direct evidence” is the testimony of one who

asserts actual knowledge of a fact, such as an eye witness.

“Circumstantial evidence” is proof of a chain of facts and

circumstances tending to prove, or disprove, any fact in dispute.

The law makes no distinction between the weight you may give to

either direct or circumstantial evidence.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 4

Eleventh Circuit Pattern Jury Instructions, Criminal

Basic Instruction No. 5

CREDIBILITY OF WITNESSES

Now, in saying that you must consider all of the evidence, I

do not mean that you must accept all of the evidence as true or

accurate. You should decide whether you believe what each witness

had to say, and how important that testimony was. In making that

decision you may believe or disbelieve any witness, in whole or in

part. Also, the number of witnesses testifying concerning any

particular dispute is not controlling.

In deciding whether you believe or do not believe any witness

I suggest that you ask yourself a few questions: Did the witness

impress you as one who was telling the truth? Did the witness have

any particular reason not to tell the truth? Did the witness have

a personal interest in the outcome of the case? Did the witness

seem to have a good memory? Did the witness have the opportunity

and ability to observe accurately the things he or she testified

about? Did the witness appear to understand the questions clearly

and answer them directly? Did the witness’s testimony differ from

other testimony or other evidence?

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 5

Eleventh Circuit Pattern Jury Instructions, Criminal

Basic Instruction No. 6.6

INCONSISTENT STATEMENT AND FELONY CONVICTION

(DEFENDANT TESTIFIES WITH FELONY CONVICTION)

You should also ask yourself whether there was evidence

tending to prove that a witness testified falsely concerning some

important fact; or, whether there was evidence that at some other

time a witness said or did something, or failed to say or do

something, which was different from the testimony the witness gave

before you during the trial.

The fact that a witness has been convicted of a felony

offense, or a crime involving dishonesty or false statement, is

another factor you may consider in deciding whether you believe

that witness.

You should keep in mind, of course, that a simple mistake by

a witness does not necessarily mean that the witness was not

telling the truth as he or she remembers it, because people

naturally tend to forget some things or remember other things

inaccurately. So, if a witness has made a misstatement, you need

to consider whether it was simply an innocent lapse of memory or an

intentional falsehood; and the significance of that may depend on

whether it has to do with an important fact or with only an

unimportant detail.

A Defendant has a right not to testify. If a Defendant does

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testify, however, you should decide in the same way as that of any

other witness whether you believe the Defendant’s testimony. 

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 6

Eleventh Circuit Pattern Jury Instructions, Criminal

Basic Instruction No. 7

EXPERT WITNESSES

When knowledge of a technical subject matter might be helpful

to the jury, a person having special training or experience in that

technical field is permitted to state an opinion concerning those

technical matters.

Merely because such a witness has expressed an opinion,

however, does not mean that you must accept that opinion. The same

as with any other witness, it is up to you to decide whether to

rely upon it.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 7

Eleventh Circuit Pattern Jury Instructions, Criminal

Special Instruction No. 6

POSSESSION

The law recognizes several kinds of possession. A person may

have actual possession or constructive possession. A person may

also have sole possession or joint possession.

A person who knowingly has direct physical control of

something is then in actual possession of it.

A person who is not in actual possession, but who has both the

power and the intention to later take control over something either

alone or together with someone else, is in constructive possession

of it.

If one person alone has possession of something, that

possession is sole. If two or more persons share possession, such

possession is joint.

Whenever the word “possession” has been used in the these

instructions it includes constructive as well as actual possession,

and also joint as well as sole possession.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 8

Special Instruction

Consciousness of Guilt From Evidence of Flight

You have heard evidence that the defendant fled after he

believed that he was about to be charged with committing the crime

for which he is now on trial. If proved, the flight of a defendant

after he knows he is to be accused of a crime may tend to prove

that the defendant believed that he was guilty. It may be weighed

by you in this connection, together with all the other evidence.

However, flight may not always reflect feelings of guilt.

Moreover, feelings of guilt, which are present in many innocent

people, do not necessarily reflect actual guilt.

You are specifically cautioned that evidence of flight of a

defendant may not be used by you as a substitute for proof of

guilt. Flight does not create a presumption of guilt.

Whether or not evidence of flight does show that the defendant

believed that he was guilty, and the significance, if any, to be

given to the defendant’s feelings on this matter are for you to

determine.

1 L. Sand, et al., Modern Federal Jury Instructions, 2002

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 9

Eleventh Circuit Pattern Jury Instructions, Criminal

Offense Instruction No. 30.6

POSSESSION OF FIREARM BY A CONVICTED FELON

18 U.S.C. § 922(g)

Title 18, United States Code, Section 922(g), makes it a

Federal crime or offense for anyone who has been convicted of a

felony offense to possess any firearm in or affecting interstate

commerce.

The Defendant can be found guilty of that offense only if all

of the following facts are proved beyond a reasonable doubt.

First: That the Defendant knowingly possessed a firearm in

or affecting interstate commerce; and 

Second: That before the Defendant possessed the firearm the

Defendant had been convicted in a court of a crime

punishable by imprisonment for a term in excess of

one year, that is, a felony.

 The term firearm means any weapon which is designed to, or may

readily be converted to, expel a projectile by the action of an

explosive; and the term includes the frame or receiver of any such

weapon, or any firearm muffler or firearm silencer.

The term “interstate commerce” includes the movement of a

firearm between any place in one state and any place in another

state. It is not necessary for the government to prove that the

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defendant knew that the firearm had moved in interstate commerce

before the defendant possessed it, only that it had made such

movement.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 10

Eleventh Circuit Pattern Jury Instructions, Criminal

Offense Instruction No. 77

Sale or Receipt Of A Stolen Motor Vehicle

18 U.S.C. § 2313

Title 18, United States Code, section 2313, makes it a Federal

crime or offense for anyone to receive, possess, conceal, store,

sell or dispose of any motor vehicle which has crossed a State or

United States boundary after being stolen, knowing it to have been

stolen.

The Defendant can be found guilty of that offense only if all

of the following facts are proved beyond a reasonable doubt:

First: That the Defendant willfully received, possessed,

concealed, stored, sold, or disposed of a stolen

motor vehicle, as described in the indictment, with

knowledge that the motor vehicle had been stolen;

and

Second: That at the time the Defendant did so, the motor

vehicle had crossed a State or United States

boundary after having been stolen.

The indictment alleges that the Defendant received, possessed,

concealed, stored, sold and disposed of a certain motor vehicle.

The law specifies several different ways in which the offense can

be committed, and it is not necessary for the Government to prove

that all such acts were in fact committed. The Government must

prove beyond a reasonable doubt that the defendant either received,

possessed, concealed, stored, sold, or disposed of the motor

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vehicle; but in order to return a verdict of guilt you must agree

unanimously upon the way in which the offense was committed.

The word “stolen” includes any wrongful and dishonest taking

of a motor vehicle with intent to deprive the owner of the rights

and benefits of ownership.

Also, while it must be proved that the Defendant knew the

vehicle had been stolen, it is not necessary to prove that the

Defendant knew that the vehicle had crossed a State or United

States boundary after it had been stolen.

The word “State” includes a State of the United States, the

District of Columbia, and any commonwealth, territory, or

possession of the United States.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 11

Eleventh Circuit Pattern Jury Instructions, Criminal

Special Instruction No. 8

Deliberate Ignorance

(As Proof of Knowledge)

(KNOWLEDGE OF FIREARMS AND STOLEN MOTOR VEHICLES)

When knowledge of the existence of a particular fact is an

essential part of an offense, such knowledge may be established if

the Defendant is aware of a high probability of its existence,

unless the Defendant actually believes that it does not exist.

So, with respect to the issue of Defendant’s knowledge in this

case, if you find from all the evidence beyond a reasonable doubt

that the Defendants possessed firearms and stolen motor vehicles,

or deliberately and consciously tried to avoid learning of any

firearms or stolen motor vehicles, you may treat such deliberate

avoidance of positive knowledge as the equivalent of knowledge.

In other words, you may find that the Defendants acted

“knowingly” if you find beyond a reasonable doubt either (1) that

the Defendant actually knew he possessed a firearm and stolen motor

vehicles; or (2) that he deliberately closed his eyes to what he

had every reason to believe was the fact. 

I must emphasize, however, that the requisite proof of

knowledge on the part of the defendant cannot be established by

merely demonstrating that the Defendant was negligent, careless or

foolish.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 12

Eleventh Circuit Pattern Jury Instructions, Criminal

Basic Instruction No. 9.2

ON OR ABOUT – KNOWINGLY (ONLY)

(WHEN WILLFULNESS OR SPECIFIC INTENT IS NOT AN ELEMENT)

You will note that the indictment charges that the offense was

committed “on or about” a certain date. The Government does not

have to prove with certainty the exact date of the alleged offense.

It is sufficient if the Government proves beyond a reasonable doubt

that the offense was committed on a date reasonably near the date

alleged.

The word “knowingly,” as that term is used in the indictment

or in these instructions, means that the act was done voluntarily

and intentionally and not because of mistake or accident.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 13

Eleventh Circuit Pattern Jury Instructions, Criminal

Basic Instruction No. 10.2

Caution – - Punishment

(Single Defendant – Multiple Counts)

A separate crime or offense is charged in each count of the

indictment. Each charge and the evidence pertaining to it should

be considered separately. The fact that you may find the Defendant

guilty or not guilty as to one of the offenses charged should not

affect your verdict as to any other offenses charged.

I caution you, members of the Jury, that you are here to

determine from the evidence in this case whether the Defendant is

guilty or not guilty. The Defendant is on trial for only those

specific offenses alleged in the indictment.

Also, the question of punishment should never be considered by

the jury in any way in deciding this case. If the Defendant is

convicted, the matter of punishment is for the Judge alone to

determine later.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 14

Eleventh Circuit Pattern Jury Instructions, Criminal

Basic Instruction No. 11

DUTY TO DELIBERATE

Any verdict you reach in the jury room, whether guilty or not

guilty, must be unanimous. In other words, to return a verdict you

must all agree. Your deliberations will be secret; you will never

have to explain your verdict to anyone.

It is your duty as jurors to discuss the case with one another

in an effort to reach agreement if you can do so. Each of you must

decide the case for yourself, but only after full consideration of

the evidence with the other members of the jury. While you are

discussing the case do not hesitate to reexamine your own opinion

and change your mind if you become convinced that you were wrong.

But do not give up your honest beliefs solely because the others

think differently or merely to get the case over with.

Remember, that in a very real way you are judges – judges of

the facts. Your only interest is to seek the truth from the

evidence in the case.

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GOVERNMENT’S PROPOSED JURY INSTRUCTION NO. 15

Eleventh Circuit Pattern Jury Instructions, Criminal

Basic Instruction No. 12

VERDICT

When you go to the jury room you should first select one of

your members to act as your foreperson. The foreperson will

preside over your deliberations and will speak for you here in

court.

A form of verdict has been prepared for your convenience.

[Explain verdict]

You will take the verdict form to the jury room and when you

have reached unanimous agreement you will have your foreperson fill

in the verdict form, date and sign it, and then return to the

courtroom.

If you should desire to communicate with me at any time,

please write down your message or question and pass the note to the

marshal who will bring it to my attention. I will then respond as

promptly as possible, either in writing or by having you returned

to the courtroom so that I can address you orally. I caution you,

however, with regard to any message or question you might send,

that you should not tell me your numerical division at the time.

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