UNITED STATES 

VS. 

Scott Daniel 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

OF AMERICA, ) 

) 

Plaintiff, ) 

) 

) 

) 

Warren, ) I 

FILED 

RECEIVED ---LODGED -r~~~-===.:COQS P'{ 

JUN 1 1 2019 

) CASE NO. CRlB-00223-TUC-RCC(DTF) 

Defendant. ) 

) 

Opening Jury Instructions 

Given on 5/29/2019 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 1 of 22
Ladies and gentlemen: You now are the jury in this case, and I want to 

take a few minutes to tell you something about your duties as jurors and to · 

give you some instructions. These are preliminary instructions. At the end of 

the trial, I will give you more detailed instructions. Those instructions will 

control your deliberations. 

You should not take anything I may say or do during the trial as 

indicating what I think of the evidence or what your verdict should be. 

J 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 2 of 22
This is a criminal case brought by the United States government. The 

I 

· government charges the defendant with conspiracy to transport and harbor 

illega! aliens and twp counts of harboring illegal aliens. The indictment is 

simply the description of the charges made by the government against the 

defendant; it is not evidence of anything. 

In order to help you follow the evidence, I will now give you another 

summary of the elements of the crime which they must prove to make their 

case. Keep in mind as I've said, these are preliminary. At the end I'll give you 

instructions that will control deliberations. 

The defendant has pleaded not guilty to the charges and is presumed 

innocent · unless and until proved guilty beyond a reasonable doubt. A 

defendant has the right to remain silent and nev·er has to prove innocence or 

present any evidence. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 3 of 22
./ 

of: 

The evidence you are to consider in deciding what the facts are consists 

(l)the sworn testimony of any witness; 

i 

(2)the exhibits which are to be received into evidence; and 

(3)any facts to which all the lawyers stipulate or agree. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 4 of 22
The following things are not evidence, and you must not consider 

them as evidencJ in deciding the facts of this case: 

1. statements a~~ arguments of the attorneys; 

2. questions and objections of the attorneys; \ 

,, 

3. testimony that I instruct you to disregard; and 

4. anything you may see or hear when the court is not in session, 

even if what you see or hear is done or said by one of the 

parties or by one of the witnesses. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 5 of 22
Some evidence is admitted for a limited purpose only. When I instruct 

you that an item of evidence has been admitted for a limited purpose, you 

must consider it only for that limited purpose and for no other. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 6 of 22
Evidence may be direct or circumstantial. Direct evidence is direct 

proof of a fact, such as testimony by a witness about what that witness 

personally saw or heard or did. Circumstantial evidence is indirect evidence, 

that is, it is proof of one or more facts from which one can find another fact. 

You are to consider both direct and circumstantial evidence. The law permits 

you to give equal weight to both, but it is for you to decide how much 

weight to give any evidence .. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 7 of 22
/ 

There are rules of evidence which control what can be received into 

evidence. When a lawyer asks a question or offers an exhibit into evidence 

and a lawyer on the other side thinks that it is not permitted by the rules of 

evidence, that lawyer may object. Ifl overrule the objection, the question 

' 

may be answered or the exhibit received. Ifl sustain the objection, the 

question cannot be answered, and the exhibit cannot b.e received. Whenever 

I sustain an objection to a question, you must ignore the question and must 

not guess what the answer would have been. 

Sometimes I may order that evidence be stricken from the record and 

that you disregard or.ignore the evidence. That means that when you are 

deciding the case, you must not consider the evidence which I told you to 

disregard. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 8 of 22
In deciding the facts in this case, you may have to decide which 

testimony to believe and which testimony not to believe. You may believe 

· everything a witness says, or part of it, or none of it. 

In considering the testimony of any witness, you may take into 

account: 

1. the opportunity and ability of the witness to see or hear or know_ 

the things testified to; 

2. the witness' memory; 

3. the witness' manner while testifying; 

4. the witness' interest in the outcome of the case and any bias or 

prejudice; 

5. whether other evidence contradicted the witness' testimony; 

6. the reasonableness of the witness' testimony in light of all the 

evidence; and 

\ 

7. any other factors that bear on believability. 

The weight of the evidence as to a fact does n6t riecessarily depend on 

the number of witnesses who testify. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 9 of 22
Let me now say a few words about your conduct as jurors. Until the 

trial is over: 

You are not to discuss this case with anyone, including your fellow 

jurors, members of your family, people involved-in the trial, or anyone else, 

nor are you allowed to permit others to discuss the case with you. If anyone 

approaches you and tries to talk to you about the case, please let me know 

about it immediately and please stop them from talking to you aboutthe case; 

Do not read any news stories or articles or listen to any radio or 

. television reports about the case or about anyone who has anything to do with 

it" ' 

Do not do any research, such as consulting dictionaries, searching the 

Internet or using other reference materials, and do not make any investigation 

about the case on your own. You will get everything you 1:eed to decide this 

case here in the c;ourtroom. No research, no investigation; 

If you need to communicate with me simply give a signed note to the 

courtroom deputy. She'll give it to me. I'll deal with the issue in the note; 

Do not make up your mind about what the verdict should be until after· 

you have gone to the jury room to decide that case and you and-your fellow 

jurors have discussed the evidence. Keep an open mind until then. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 10 of 22
At the end of the trial, you will have to make your decision based on 

what you recall of the evidence. You will not have a written transcript of the 

trial. I urge you to pay close attention to the testimony as it is given. If you 

with, you may take notes to help you remember what the witnesses said. You 

have some small notebooks and they are there for that purpose. If you do take 

notes, please keep them to yourself until you and your fellow jurors go to the 

jury room to decide· the case. Do not let note taking distract you so that do 

you not hear other answers by the witnesses. When you leave, leave your 

notes in your chair. You'll get them back when you. return to the courtroom. 

Whether or not you take notes, you should rely on your own memory ofwhat 

was said. Notes are only to assist your memory. You should not be overly 

influenced by the notes. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 11 of 22
You, as jurors, must decide this case based solely on the evidence 

. presented here within the four walls of this courtroom. This means that during 

the trial you must not conduct any independent research about this case, the 

matters in the case, and the individuals or corporations involved in the case. 

In other words, you should not consult dictionaries or reference materials, 

search the Internet, websites, biogs, or use of any other electronic tools to 

obtain information about this case or to help you decide the case. Please do 

not try to find out information from any source outside the confines of this 

courtroom. 

Until you retire to deliberate, you may not discuss this case with 

anyone, even your fellow jurors. After you retire to deliberate, you may begin 

discussing the case with your fellow jurors, but you cannot discuss the case · 

with anyone else until you have returned a verdict and the case is at an end. 

I know that many of you use cell phones, Blackberries, the Internet and ' I 

other tools of technology. You also must not talk to anyone at any time about 

this case or use these tools to communicate electronically with anyone about 

the case. This includes your family and friends. You may not communicate 

with anyone about the case on your cell phone, through e-mail, 

_J 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 12 of 22
Blackberry, iPhone, text messaging, or on Twitter, through any blog or 

website, including Facebook, Google, My Space, Linkedln, or YouTube, 

there's probably a dozen others. Those included too. You many not use any 

similar technology of social media, even if I have not specifically mentioned 

it here. If you find out that someone on the jury is doing so. Please Jet me 

,know. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 13 of 22
r 

The next phase of the trial will now begin. First, each side may make 

an opening statement. An opening statement is not evidence. It is simply an 

outline to help you understand what that party expects the evidence will show. 

A party is not required to make an opening statement. 

The government will then present evidence and counsel for the 

defendant may cross-examine. Then, the defendant may present evidence and 

counsel for the government may cross-examine. 

After the evidence has been presented, the attorneys will make closing 

arguments and I will instruct you on the law that applies to the case. 

After that, you will go to the Jury room deliberate on your verdict. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 14 of 22
A defendant in a criminal case has a constitutional right not to testify. 

No presumption of guilt may be raised, and no inference of any kind may be 

drawn, from the fact that the defendant did not testify. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 15 of 22
I·. 

Languages other than English may be used during this trial. 

The evidence you . are to consider is only that provided through the 

official court interpreters. Although some of you may know the non-English 

language used, it is important that all jurors consider the same evidence. 

Therefore, · you must base your decision on the evidence presented in the 

English interpretation: You must disregard any different meaning of the non-

. English words. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 16 of 22
f .3 

The defendant is charged in Gount One of the indictment with 

· conspiring to transport and ~arbor illegal aliens in violation of 

Section 1324(a)(l)(A)(v)(I) of Title 8 of the United States Code. In - ' ~ 

order for the defendant to ·be found guilty of that charge; th·e 

government must prove each of the following elements beyond a 

reasonable doubt: 

First, beginning on or about a time unknown, and ending on or 

about January 17, 2018, there was an agreement between two or 

more persons to commit at least one crime as charged in the 

indictment; and 

· Second,. the d~fendant became a member of the conspiracy 

I 

knowing· of at least one of the objects and intending to help 

accomplish it. 

A conspiracy is a kind of criminal partnership-an agreement 

of two or more persons to commit one or more crimes. The crime of 

·conspiracy is the agreement to do something unlawful; it does not 

matter. ·whether the crime agreed upon was committed. 

For a conspiracy to have existed, it is not 1_1ecessary that the ) . ' 

conspirators made a formal agre~ment or that they agreed on eve·ry 

detail of the conspiracy. It is not enough, however, that they simply 

met, discussed matters of common interest, acted in similar ways, or I 

perhaps helped one another. You must find that there was a plan to 

co~mit at least one of the crimes alleged in the indictment as ·an 

object of the conspiracy with all of you agreeing as to the particular 

crime which the conspirators agreed to commit. 

One becomes a member of a conspiracy by willfully 

•participating in the unla"'."ful plan with the intent to advance or 

further some object or purpose of the conspiracy, even though the . . . . 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 17 of 22
person does not have full knowledge of all the details of the . . 

conspiracy. Furthermore; one who willfully joins an existing. 

conspiracy is as resp_onsible for it as the o_rigin-ators. On the other 

hand, one who has no knowledge of a conspiracy, ·but happens to act 

' 

in a way that furthers some object or purpose of the conspiracy, 

· does not thereby become a conspirator. Similarly, a person does not 

become a conspirator merely by ~ssociating with one or more· . r • 

· . ·persons who are conspir~tors, nor merely by knowing that a · 

. conspiracy exists. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 18 of 22
A conspiracy may continue for a long period of time arid may 

include the performance of many transactions. It is not necessary 

that all member~ of the conspiracy join it at the sanie time, and one 

. maybecoipe a member of a conspiracy without full knowledge of all· 

the details of the unlawful scheme or the names, identities, or · 

locations of all of the other members. 

Even though a defendant did not directly conspire with other 

conspirator~ iil the overall sche·me, the· defendant has, in effect, 

agreed to participate in the conspiracy if the government proves ~ ' 

each of the following beyond a reasonable doubt that:· 

First, that the defendant directly conspired with one or more 

conspirators to carry out at least one of the objects of the . conspiracy; 

Second, that the defendant knew or had reason to know that 

other conspirators ~ere involved with those with whom the 

defendant directly conspired; and · 

Third, that the defendant had reason to believe that whatever ' ' 

· benefits the defendant might get from the conspiracy were probably 

dependent upon the success of the entire venture. 

It is not a defense that a person's participation in a conspiracy 

· was. min.or or for .a short period of time. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 19 of 22
. r 

The defendant is charged in Count 2 of the Indictment with 

harboring of an illegal alien in :violation of Section 1324(a)(l)(A)(iii) 

of Title 8 of the United States Code. In order for the defendant to be I . 

found guilty of that charge, the government must prove each of the 

· · following elements beyond a reasonable doubt: 

First, Kristian Perez-Villanueva, was an alien; 

Second, Kristian Perez-Villanueva was not lawfully in the 

United States; 

Third, the defendant knew that Kristian Perez-Villanueva was 

not lawfully in the United States; aud 

Fourth, the defendant harbored, concealed, or shieJded from . 

detection Kristian Perez-Villanueva with intent to violate the law. . . 

An alien is a person who is not a natural-born or na~uralized 

citizen of the United States_. An alien is not lawfully in this · 

country if the person was not duly admitted by an Immigration 

Officer. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 20 of 22
The defendant is charged in Count 2 of the lndictment withharboring of an illegal alien in violation of Section l324(a)(l)(A)(iii) 

of Title 8 of the United States Code. In order for the defendant to be _ 

_ found·guilty of that charge, the government must prove each of the 

following elements beyond a reasonable doubt: -

First, Jose Arnaldo Sacaria-Goday, was an alien; 

Second, Jose Arnaldo Sacaria-Goday was ,iot lawfully in the 

United States; 

Third, the defendant knew that Jose Arnaldo Sacaria-Goday . \ 

was not lawfully in the United States; and 

Fourth, the defendant harbored, concealed, or shielded from 

detection Jose Arnaldo Sacaria-Goday with intent to violate the law. 

An alien is a person who is not-a natural-born or naturalized 

citizen of the United State_s. An alien is not lawfully in this country if 

the pe_rson was not duly admitted by an Immigration Officer. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 21 of 22
· Th.e crime of transporting requires the same first three 

elements as harboring, and also requires knowingly transporting or 

moving Kristian rerez Villanueva and/or Jose Sacaria Goday in 

order to help him remain in t~e United States illegally. 

Case 4:18-cr-00223-RCC-DTF Document 265 Filed 06/11/19 Page 22 of 22