UNITED STATES 

vs. 

Scott Daniel 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

OF AMERICA, ) 

) 

Plaintiff, ) 

--'.,____ FILED ___ LODGED 

-~=.!:!!RE~C;;!.EIV~E!:!.,D-==~C~OPY 

JUN 1 1 2019 

) BY 

CLERK US DISTRICT COURT 

DISTRICT OF ARIZONA 

DEPUTY 

) 

) 

Warren, ) 

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

Defendant. ) 

) 

Closing Jury Instructions 

Given on 6/7/2019 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 1 of 32
Members of the jury, now that you have heard all the evidence, it is my duty 

to instruct you on the law that applies to this case. A copy of these instructions will 

be available in the jury room for you to consult, in fact you will have your own 

individual copy. 

It is your duty to weigh and to evaluate all the evidence received in the case 

and, in that process, to decide the facts. It is also your duty to apply the law as I give 

it to you to the facts as you find them, whether you agree with the law or not. You 

must decide the case solely on the evidence and the law. Do not allow personal likes 

or dislikes, sympathy, prejudice, fear, or public opinion to influence you. You should 

also not be influenced by any person's race, color, religion, national ap.cestry, or 

gender, sexual orientation, profession, occupation, celebrity, economic 

circumstances, or position in life or in the community. You will recall that you took 

an oath promising to do so at the beginning of the case. 

You must follow all these instructions and not single out some and ignore 

others; they are all important. Please do not read into these instructions or into_ 

anything I may ha:ve said or done any suggestion as to what verdict you should return 

- that is a matter entirely up to you. 

/ 

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. . 

The indiGtmei1t is not evidence. The defendant has pleaded not guilty to the 

charges. The defendant is presumed to be innocent unless and until the government 

proves the· defendant guilty beyond a reasonable doubt. In addition, the defendant 

does not have to testify or present any evidence. The defendant does· not have to 

prove innocence; the government has the burden of proving every element of the 

charges beyond a reasonable doubt. 

\ 

. / 

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In reaching your verdict you may consider only the testimony and exhibits 

received in evidence. The following things are not evidence and you may not 

consider them in deciding what the facts are: 

1. Questions, statements, objections, and arguments by lawyers · 

are not .evidence. The lawyers are not witnesses. Although you must 

consider a lawyer's questions to understand the answers of a witness, 

.· the lawxer's questions are not evidence. Similarly, what the lawyers 

have said in their opening statements, [ will say in their J closing 

arguments, and at other times is intended to , help you interpret the 

evidence, but it is not evidence. If the facts as you remember them differ 

from the way the lawyers state them, your memory of them controls. 

2~ Any testimony that I have excluded, stricken, or instructed you 

to disregard is not in evidence. In addition, some evidence was received 

only for a limited purpose; when I have instructed you to consider 

certain evidence in a limited way, you must do so. 

· 3. Anything you may have seen or heard when the court was not 

in session is· not evidence. You are to decide the case solely on the 

evidence received at the trial. 

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The evidenqe you are to consider in deciding what the facts are consists of: I 

1. the sworn testimony of any witness; and 

2. the exhibits received in evidence; and 

3. any facts to which the parties have agreed or stipulated. 

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Evidence may be direct or circumstantial. Direct evidence is direct proof of a 

fact, such as t~stimony by a witness about what that witness personally saw or heard 

or did. Circumstantial evidence is indicted evidence, that is, it is proof of one or,more 

facts from which you can find another fact. 

You are to consider both direct and circumstantial evidence. Evidence can be 

used to prove any fact. The iaw makes no distinction between the weight to be given 

to either direct or circumstantial evidence. It is for you to decide how much weight 

to give any evidence. 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 6 of 32
In deciding the facts in this case, you may have to decide which testimony to 

believe and which testimony riot 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's memory; I 

. 3. the witness's manner while testifying; 

4. the witness's interest in the outcome of the case, if any; 

5. the witness's bias or prejudice, if any; 

6. whether other evidence contradicted the witness's testimony; 

7. the reasonableness of the witness's testimony in light of all the evidence; 

and .J 

· 8. any other factors that bear on believability .. 

Sometimes a witness may say something that 1s not consistent with 

something else he or she said. Sometimes different witnesses will give 

different versions of what happened. People often forget things or rμake J 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 7 of 32
i /11 

mi!take_s in what they remember. Also, two people may see _the same event 

but remember it differently. You may consider these differences, but do not 

decide that testimony is untrue just because it differs from other testimony. 

r,lowever, if you decide that a witness has deliberately testified untruthfully 

about something important, you may choose not to believe anything a witness 

said. On the other hand, if you think the witness testified untruthfully about 

some things but told the truth about others, you may accept the part you think 

is true and ign9re the rest. 

The weight of the evidence as to a fact does not necessarily depend on the 

number of witnesses who testify. What is important is how believabfo the 

witnesses were, and how much weight you think their testimony deserves. 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 8 of 32
Proof beyond a reasonable doubt is proof that leaves you firmly convinced 

that the defendant is gui.lty. It is not required that the government prove guilt 

beyond all possible doubt. 

A reasonable doubt is a doubt based upon -reason and common sense and 

is not based purely on speculation. It may arise from a careful and impartial 

consideration of all the evidence, or from lack of evidence. 

If, after a careful and impartial consideration of all the evidence; you are 

not convinced beyond a reasonable doubt that the defendant is guilty, it is your 

duty to find the defendant not guilty: On the other hand, if after careful and 

impartial consideration of all the evidence, you are convinced beyond a 

reasonable doubt that. the defendant is guilty, it is your · duty to find the 

defendant guilty. 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 9 of 32
The defendant has testified. You should treat this testimony just as you 

would the testimony of any other witness. 

) 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 10 of 32
) 

An act is done knowingly if the defendant is aware of the act and does not 

act, or fails to act through ignorance, mistake, or accident. The government is 

not,required to prove that the defendant knew that his/her acts or omissions 

were unlawful. You may consider evidence of the defendant's words, act; or· 

omissions, along with all the other evidence, in ,deciding whether the 

defendant acted knowingly. 

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A separate crime is charged against the defendant in each count. You must 

decide each count separately. Your verdict on one count should not control 

your verdict on any other count. 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 12 of 32
The defendant is charged in Gount One of the indictment with 

/.,,, conspiring to transport and h_~rbor illegal aliens in ~olation of 

/ Section 1324(a)(l)(A)(v)(I) _of Title 8 of the United States C?de~ In 

order for the defenda;nt to ·be found guilty of that charge,-the · · 

govern·ment must prove each of.the following elements beyond a 

reasonable doubt:· 

First, beginning on or about a μ.me unknown, and ending on· or 

about January 17,2018, there was an agreement betwee~ two or 

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

indictment; and 

Second, the defendant became a in.ember of the .conspiracy 

knowing· of at least one of th~ objects an_d intending to help 

accomplish it. 

l , . 

A conspiracy is a kind of criminal partnership-~n agreement 

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

conspiracy is the agreement to do something unlawful; it ~oes not 

. matter.·whether the crime agree~. up·on was comniitt~d. 

For a conspiracy to have existed, it is not-:r;iecessary that the . . . . . 

conspirators .made a formal agreement or that they agreed on eve·ry 

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

met, discussed matters ofcommo~ interest, acted in si~ar ways, or \. 

\ . . 

-perh~ps helped one another. You must :ffi1:d that there was a pl~n.to 

conimit at least ?ne of the crimes alleged in the in~ctnient as ·an 

~bject of the conspiracy with all of you agreeing as to the.particular 

crime which the conspirators agreed to commit. · 

On_e becom"~s 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 273 Filed 06/11/19 Page 13 of 32
perso~ does not have full ~ow ledge of all the details of the 

e:onspiracy. Furthermore; on.e who willfully joins an existing 

conspiracy is as respo:nsible (or 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 conspiratormer~ly by associatiri.g with one or more · 

· .. 'pe~sons who are conspirators, nor merely by knowing tha~ a 

··. conspiracy exists .. 

\ 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 14 of 32
. . . 

A conspiracy may continue for a long period of time and may ( 

· 'include the performance of many transactions. It is not necessary 

that all members_ of ~he c.onspiracyj.oin it at the same_ time, and o~e 

· may'become a in.ember of a conspira~y ~thout full knowledge of all · · 

the de.tails of the unlawful ~cheme- or the names, identities, or 

locations of all of the other members. 

Even though a defend·ant did not directly conspire with other 

conspirators iii the overall sche·me, the· defendant has, 'in effect, . .· ' . . 

agreed to particip~te in the_ conspiracy if the government proves 

e~ch 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 .Imevy or had reason to know that . 

. other conspirators ':Vere involved with those wit4 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 I . • 

dependent upon the success· of the entire venture. 

Itis not a defense that a person's participatio~ in a conspiracy . . . . ) 

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

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 15 of 32
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 

found guilty of that charge, the government must proye ·each of the ·· 

· .fQllo~g elements beyond a reasonable doubt: . ..... .. 

First, Kristian Perez-Villanueva, was an alien; I , 

Second, Kristia~ Perez~Villanueva -vvas nqt lawfully in the 

United States; 

Third, the defendant lrn.ew. t~at Kristian Perez-Villanueva was . . 

not lawfully in the United States; aud . . . 

. Fourth, the defendant harbored, concealed, or shie,ded from . 

detection Kristian P.erez-Villanueva WJ.th intentto violate the law .. ' . 

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

ci~en _oftheUnited States_. An alien is not lawfully in this . . . . ' 

. country if ~he person was not duly admitted by _an Immigration 

Officer. 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 16 of 32
The defendant is charged in Count 3 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 

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 not 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 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 273 Filed 06/11/19 Page 17 of 32
. • • J • 

· The crime of transporting requires the same first three· 

elements as harboring, and also requires knowingly transporting or . I 

moving Kristian Perez Villanueva and/or Jos~. Sacaria Goday in . . 

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

( 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 18 of 32
· Mere presence at the scene of a crime or mere knowledge that 

a crime is being committed is not suffici~nt to establish that the 

defendant committed the crimes charged. The defen,dant must be a 

participant and not merely a knowing spectator. The defendant's 

presence may be considered by the jury along with other evidence in . 

the case. 

'· 

) 

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I 

y OU are here only to determine whether the defendan_t is guilty 

or not guilty of the charges in the indictment. The defendant is not 

on trial for any conduct or offense not charged in the indictment. 

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The indictment charges that the offenses alleged in each count were 

· committed_ "on or about" a certain date. 

Although it is necessary for the government to prove beyond a 

reasonable doubt that the offenses were committed on a date . . r 

reasonably near the date alleged in each count of the indictment, it is 

not necessary for the government to prove· that the offenses were 

committed precisely on the date charged. 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 21 of 32
You have heard testimony from Kristian Perez-Villanueva and Jose 

Arnaldo Sacaria-Goday, witnesses who received immunity. That· 

testimony was given in exchange for a promise by the government . . 

. that the witnesses 'Yill not be prosecuted. 

, For this reason, .in evaluating the. testimony of Kristian PerezVillanueva andJose Arnaldo Sacaria-Goday, you should consider 

the extent to which or whether t_heir testimony may have been 

' . 

influenced by this factor. In addition, you should examine the 

testimony of Kristian Perez-Villanueva and Jose Arnaldo SacariaGo~ay with greater caution than that of other witnesses. _ 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 22 of 32
The law does not impose any general affirmative obligation on 

citizens to report suspected or known violations of law to 

authorities. 

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The parties have agreed to certain facts that have been stated 

to you. Those facts are now conclusively established. 

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During your deliberations, you must not communicate with or provide any 

" 

information to anyone by any means about this case. You may not use any electronic 

device or media, such as the telephone, a cell phone, smart phone, iPhone, 

Blackberry or computer, the Internet, any Internet service, arty text or instant 

messaging service, . ariy Internet chat room, b1og, or website such as Facebook, 

MySpace, Linkedin, You Tube, Twitter, to communicate to anyone any information 

about this case or to conduct any research about this case until I accept your verdict. 

'In other words, you cannot talk to anyone on the phone, correspond with anyone, or 

electronically communicate with anyone about this. case. You can only discuss the 

case in the jury room with your fellow jurors during delib~rations. I expect you will 

inform me as soon as you become aware of another juror's violation of these 

instructions. 

·You may not use these electronic means to investigate or communicate about 

the case because it is important that you decide this case based solely on the evidence 

presented in this courtroom. Information on the Internet or available. through social . I . 

media might be wrong, incomplete, or inaccurate. You are only permitted to discuss 

the case with your fellow jurors during deliberations because they have seen or heard 

the same evidence you have. 

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In our judicial system, it is important that you are not influenced by anything 

or anyone outside of this courtroom. Otherwise, your decision may be based on 

information known only by you and not your fellow jurors or the parties in the case. 

This would unfairly and adversely impact the judicial process. 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 26 of 32
When you begin your deliberations, elect one member of the jury as your 

foreperson who will preside over the deliberations and speak for you here in court. 

You will then discuss the case with your fellow jurors to reach agreement if 

you can do so. Your verdict, whether guilty or not guilty, must be unanimous. I 

!'-

Each of you must decide the case for yourself, but you should do so only after. 

you have considered all the evidence, discussed it fully with the other jurors, and . 

listened to the views of your fellow jurors. 

Do not be afraid to change your opinion if the discussion persuades you that 

you should. But do not come to a decision simply because other jurors think it js 

right.· 

It is important that you attempt to reach a unanimous verdict but, of course, 

only if each of you can do so after having made your own conscientious decision. 

Do not change an honest belief about the weight and effect of the evidence simply 

· to reach a verdict. 

Perform these duties fairly and impartially. Do not allo~ personal likes or 

dislikes, sympathy, prejudice, fear, or public opinion to influence you. You should 

also not be influences by any person's race, color, religion, national ancestry, or 

gender, sexual · orientation, profession, occ·upation, celebrity, economic . 

circumstances., or position in life or in the community. 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 27 of 32
Your verdict must be based solely on the evidence and on the law, as I have 

given it to you in these instructions. However, nothing that I have said or done is 

intended to suggest what your verdict should be - that is entirely for you to decide. 

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The punishment provided by law for this crime is for the court to decide. You 

may not consider punishment in deciding whether the government has proved its 

' . 

case against the defendant beyond a reasonable doubt. 

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A verdict form has been prepared for you. After you have reached a 

unanimous agreement on a verdict, your foreperson will fill in the form that has been 

given to you, sign and date it and advise the Courtroom Deputy that you are ready 

to return to the courtroom. 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 30 of 32
. I 

It is your duty as jurors to consult with one another and to deliberate with one . . ',, 

another with a view towards reaching an agreement if you can do so. During your 

deliberations, you should not hesitate to reexamine your own views and change your 

opinion if you· become persuaded that it wrong. 

j 

) 

Case 4:18-cr-00223-RCC-DTF Document 273 Filed 06/11/19 Page 31 of 32
If it becomes necessary during your deliberations to communicate with me, 

you may send a note through the Courtroom Deputy, signed by your foreperson or 

by one or more members of the jury. No member of the jury should ever attempt to 

communicate with me except by a signed writing, and I will respond to the jury / 

concerning the case only in writing, or here in open court. If you send out a question, 

I will consult with the lawyers before answering it, which niay take some time. You 

may continue your deliberations while waiting for the answer to any question. 

Remember that you are not to tell anyone - including me -:- how the jury stands, 

numerically or otherwise, on the question of the guilt of the defendant until after you 

have reached a unanimous verdict or have been discharged. 

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