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2.13 Dismissal of Some Charges Against Defendant

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2.13 DISMISSAL OF SOME CHARGES AGAINST DEFENDANT 

At the beginning of the trial, I described the charge[s] against the defendant. For reasons that do not concern you, [specify count[s] or charge[s]] [is] [are] no longer before you. Do not speculate about why the charge[s] [is] [are] no longer part of this trial.

The defendant is on trial only for the charge[s] of [remaining count[s]]. You may consider the evidence presented only as it relates to the remaining count[s].

Comment

See United States v. de Cruz, 82 F.3d 856, 865 (9th Cir.1996) (concluding that the district court’s instruction adequately informed the jury that the dismissed counts were not before them, that the defendant was on trial only for the remaining counts, and that the evidence could only be considered as it related to the remaining charged counts or as it related to the defendant’s intent).