Federal 7th Circuit Court
Criminal Court
Jury Instructions
In prosecution on drug conspiracy charges, Dist. Ct. did not err in giving non-pattern instruction on aiding and abetting conspiracy charge, which, according to defendant, failed to inform jury with respect to "knowing association" element of said charge. Dist. Ct. is not required to use precise phrase "knowing association" in any aiding and abetting instruction, and instant instruction, which informed jury that defendant had tried to help conspiracy succeed, was sufficient to impart critical idea that defendant could be convicted only if he sought to advance conspiracy's criminal goal. Dist. Ct. also properly rejected defendant's proposed instruction on existence of multiple conspiracies, where proposed instruction erroneously told jury that it must acquit defendant if govt. failed to prove charged offense, but yet proved some other, smaller conspiracy that was consistent with allegations in indictment.