O100 Controlled Substances: Conspiracy
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- O100
- Statute
- 21 U.S.C. § 846 and/or 21 U.S.C. § 963
- Edition
- Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
- Official source
- Official PDF, page 699
Elements
Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.
The Defendant can be found guilty only if all the following facts are proved beyond a reasonable doubt:
(1) two or more people in some way agreed to try to accomplish a shared and unlawful plan, the object of which was to [distribute] [possess with the intent to distribute] [import] a controlled substance; and
(2) the Defendant knew the unlawful purpose of the plan and willfully joined in it.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
[The Defendant[s] [is] [are] charged with conspiring to [distribute] [possess with intent to distribute] [import] at least [threshold(s)] of [substance(s)]. But you may find [the] [any] Defendant guilty of the crime even if the amount of the controlled substance[s] for which [he/she] should be held responsible is less than [threshold(s)]. So if you find [the] [any] Defendant guilty, you must also find whether the Government has proved beyond a reasonable doubt the weight of [substance(s)] attributable to [the Defendant] [each of the Defendants] and specify the amount[s] on the verdict form. A Defendant in a drug conspiracy is responsible for the amount[s] of [a] controlled substance[s] that [was] [were] reasonably foreseeable to [him/her].]
Related practice page
Official source: Official PDF, page 699
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.