Case 1:04-cr-00103-REB-MEH
Document 1097-11
Filed 03/30/2007
Page 1 of 1
INSTRUCTION NO. SMITH 31A Give Each Defendant Separate Consideration It is your duty to give separate and personal consideration to the case of each defendant. When you do so, you should analyze what the evidence in the case shows with respect to that defendant leaving out of consideration entirely any evidence admitted solely against some other defendant or defendants. Each defendant is entitled to have his case determined from evidence as to his own acts, statements, and conduct and any other evidence in the case which may be applicable to him. The fact that you return a verdict of guilty or not guilty to one defendant should not, in any way, affect your verdict regarding any other defendant.
O'Malley, Grenig & Lee, Federal Jury Practice & Instructions, ยง 12.14 (5th ed. 2000)