DOJ-OGR-00006079.jpg

Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 13 of 93 It creates an wicker charge in which language favorable Adapted from the charge of the Hon. Alison J. Nathan in United a en rien mere siya States v. Jones, 16 Cr. 533 (AJN) and in United States v. Pizarro, is also not found in Sand or in the Court’s recent jury 17 Cr. 151 (AJN). instructions on reasonable doubt See Sand, Instr 4-1; United States v. Berry, 20 CR 84 (AIN); United States v. Pizarro, 17 Cr 151 (AIN) Commented [RA(11R10]: GOVERNMENT RESPONSE: The Court used a version of this language in United States v. Lebedev, 17 Cr 769 (AJN); United States v. Jones, 16 Cr 553 (AJN); and United Sates v. Le, 15 Cr 38 (AKN) The full instruction is also used in this district United States v. Purcell, 18 Cr 81(DLC) And much of this language also appears in Sand See Sand. Instr 4-1 (“A reasonable doubt is not caprice or whim It is not speculation or suspicion It oe duty This language is necessary to provide the jury with additional information about what counts as a reasonable paragraph of the charge to eliminate the defense’s concern DOJ-OGR-00006079