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9.29 Illegal Use of Communication Facility

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9.29 ILLEGAL USE OF COMMUNICATION FACILITY (21 U.S.C. § 843(b))

The defendant is charged in [Count _______ of] the indictment with illegal use of a communication facility in violation of Section 843(b) of Title 21 of the United States Code. In order for the defendant to be found guilty of that charge, the government must prove beyond a reasonable doubt that the defendant knowingly or intentionally used a [a telephone] [the mail] [a radio] [a telegraph] to help bring about [e.g., the conspiracy to distribute cocaine charged in Count I of the indictment].

Comment

For a definition of "knowingly," see Instruction 5.6 (Knowingly—Defined).