Opinion
S2 21 Cr. 766 (JPC)
12-01-2022
UNITED STATES OF AMERICA, v. JUSTIN HAMPTON, Defendant.
PHASE 2 JURY CHARGE
Table of Contents
I. Introduction.....................................................................................................................................................1
II. Count Five - Substantive Instructions...............................................................................................................1
A. Elements of the Offense..................................................................................................................................1
1. First Element - Defendant's Prior Conviction ..................................................................................................2
2. Second Element - Knowing Possession of a Firearm ......................................................................................3
3. Third Element - In or Affecting Interstate or Foreign Commerce .....................................................................4
B. Venue ...........................................................................................................................................................4
III. Previous Instructions.....................................................................................................................................4
IV. Conclusion .................................................................................................................................................5
I. Introduction
Members of the jury, as I told you a little while ago, you have one more task to perform before I may discharge you. You must now consider whether the Government has proved beyond a reasonable doubt that the Defendant is guilty of Count Five in the Indictment.
Your verdict on Counts One through Four is final and conclusive and may not be reconsidered. You will now consider only Count Five.
In making your determination as to Count Five, you may consider all the evidence you have heard during this trial, including any relevant evidence introduced in the first phase of the trial. I instruct you, however, that your verdict on Counts One through Four should not affect your verdict as to Count Five.
II. Count Five - Substantive Instructions
Count Five charges the Defendant with violating Title 18, United States Code, Section 922(g)(1), which makes it a crime for a person previously convicted of a crime punishable by more than one year in prison to knowingly possess in or affecting commerce a firearm. Specifically, Count Five charges:
On or about October and November 2021, in the Southern District of New York and elsewhere, JUSTIN HAMPTON, the defendant, knowing he had previously been convicted in a court of a crime punishable by imprisonment of a term exceeding one year, knowingly did possess a firearm, to wit, a Smith & Wesson .22 caliber pistol, and the firearm was in and affecting commerce.
A. Elements of the Offense
To sustain its burden of proof on Count Five, the Government must prove beyond a reasonable doubt the following three elements:
First, that the Defendant knew he had previously been convicted of a crime punishable by imprisonment for a term exceeding one year-in other words, a felony-prior to the date he is charged with possessing a firearm;
Second, that the Defendant knowingly possessed a firearm; and
Third, that the Defendant's possession of the firearm was in or affecting interstate or foreign commerce.
1. First Element - Defendant's Prior Conviction
The first element that the Government must prove beyond a reasonable doubt is that the Defendant knew that he had been convicted of a crime punishable by imprisonment for a term exceeding one year in a court of the United States, or any state, prior to October 2021, the date he is charged with possessing the firearm. To be clear, the prior conviction must have occurred prior to October 2021. Therefore, the guilty verdicts you just rendered on Counts One through Four cannot form the basis for this element.
The Defendant and the Government have stipulated, or agreed, that prior to October 2021, the Defendant had been convicted of such a crime, and that the Defendant knew that he had been convicted of such a crime. Thus, this element of the charge is not disputed.
I remind you that the Defendant's prior conviction is to be considered by you only for the limited purpose of determining whether this element is satisfied and for no other reason. You are not to consider it for any other purpose. You are not to speculate as to what the conviction was for. You may not consider the prior conviction in any way in deciding whether the Government has proved beyond a reasonable doubt that the Defendant was in knowing possession of a firearm as charged in Count Five of the Indictment.
2. Second Element - Knowing Possession of a Firearm
The second element that the Government must prove beyond a reasonable doubt is that on or about October and November 2021, the Defendant knowingly possessed the firearm that he is charged with possessing in the Indictment.
I have previously instructed you about the meaning of “knowingly,” “possess,” and “firearm.” You should apply those instructions when considering Count Five.
As a reminder, a “firearm” is any weapon that will or is designed to or may be readily converted to expel a projectile by the action of an explosive. It is not necessary for the Government to prove that a firearm was loaded or operable at the time the Defendant possessed it.
To “possess” means to have something within a person's control. This does not necessarily mean that the Defendant must hold it physically, that is, have actual possession of it. As long as the firearm is within the Defendant's control, he possesses it. If you find beyond a reasonable doubt that the Defendant either had actual possession of the firearm, or that he had the power and intention to exercise control over it, even though it was not in his physical possession, you may find that the Government has proved possession. A defendant need not be the only person exercising control over the firearm, but he must knowingly exercise some control over the firearm in order to be found to have possessed the firearm. Proof of ownership of the firearm is not required.
Finally, in order to “knowingly” possess a firearm, you must find beyond a reasonable doubt that the Defendant possessed the firearm purposely and voluntarily, and not by accident or mistake. “Knowingly” also means that the Defendant knew that the weapon was a firearm, as we commonly use the word. However, the Government is not required to prove that the Defendant knew that he was breaking the law.
3. Third Element - In or Affecting Interstate or Foreign Commerce
The third element that the Government must prove beyond a reasonable doubt is that the firearm that the Defendant is charged with possessing was in or affecting interstate or foreign commerce.
This means that the Government must prove beyond a reasonable doubt that at some time before the Defendant's possession, the firearm had traveled in interstate or foreign commerce. It is sufficient for the Government to satisfy this element by proving that, at some point before the Defendant's possession, the firearm moved over a state line or the United States border, so long as they do so beyond a reasonable doubt.
The Government does not have to prove that the Defendant himself carried the firearm across a state line or the United States border, nor must the Government prove who carried it across or how it was transported. It is also not necessary for the Government to prove that the Defendant knew that the firearm had previously crossed a state or national border.
B. Venue
As with Counts One through Four, the Government is obligated to prove venue by a preponderance of evidence-that is, the Government must prove that it is more probable than not that the Defendant possessed a firearm within the Southern District of New York.
III. Previous Instructions
All of the general and procedural instructions that I gave you previously still apply with equal force to your deliberations concerning Count Five. You will still have a copy of my previous jury instructions, and you should refer to those instructions as needed. I remind you again, however, that your verdict on Counts One through Four should not affect your verdict as to Count Five.
As with the previous Counts, you will be given a verdict form to record your verdict.
I will ask you to remain seated while I confer with the attorneys to see if there are any additional instructions that they would like me to give to you, or if there is anything I may not have covered.
IV. Conclusion
Members of the jury, that concludes my instructions to you on Count Five. You may now retire to the jury room and begin this phase of your deliberations. As the first matter of business, please select a foreperson and send me a note, signed, dated, and timed, through the Court Security Officer, telling me whom you have elected as your foreperson. You may select the same juror that served as your foreperson in the first phase of the trial.