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United States v. Kohl

United States District Court, W.D. Wisconsin

April 9, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JUSTIN KOHL, Defendant.

          ORDER

          WILLIAM M. CONLEY DISTRICT JUDGE

         In light of questions that were raised on the legal standard the court will apply, the following is the final instruction as to Count 1 of the indictment:

         ELEMENTS OF THE CHARGE: COUNT 1

         Count 1 charges the defendant with conspiracy. A conspiracy is an agreement between two or more persons to accomplish an unlawful purpose. To sustain this charge against either defendant, the government must prove these elements:

1) That the conspiracy charged in Count 1 existed, and
2) That the defendant knowingly became a member of this conspiracy with an intention to further the conspiracy.

         If you find from your consideration of all the evidence that the government has proved both of these elements beyond a reasonable doubt, then you should find the defendant guilty of Count 1.

         If, on the other hand, you find from your consideration of all of the evidence that the government has not proved each of these elements beyond a reasonable doubt, then you must find the defendant not guilty of Count 1.

         CONSPIRACY INSTRUCTIONS

         A conspiracy may be established even if its purpose was not accomplished.

         To be a member of the conspiracy, the defendant need not join at the beginning or know all the other members or the means by which its purpose was to be accomplished. The government must prove beyond a reasonable doubt that the defendant was aware of the common purpose of the charged conspiracy and was a willing participant in it.

         As to the first element of Count 1, in deciding whether the charged conspiracy existed, you may consider the actions and statements of every one of the alleged participants. An agreement may be proved from all the circumstances and the words and conduct of all of the alleged participants which are shown by the evidence.

         As to the second element of Count 1, in deciding whether the defendant joined the charged conspiracy, you must base your decision solely on what the defendant personally did or said. In determining what the defendant personally did or said, you may consider the defendant's own words and acts. You also may consider the words and acts of other people to help you determine what the defendant personally did or said, and you may use the words and acts of other people to help you understand and interpret that defendant's own words and acts. Keep in mind, however, that the defendant's membership in the charged conspiracy can only be proved by the defendant's own words or acts.

         The defendant's association with conspirators is not by itself sufficient to prove the defendant's participation or membership in a conspiracy. The government must prove that a defendant knowingly and intentionally joined the charged ...


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