Fill and Sign the Jury Instruction Pinkerton Instruction Form

11.5 Pinkerton Instruction [Pinkerton v. U. S., 328 U.S. 640 (1946)] In some instances a conspirator may be held responsible under the law for a substantive offense in which he or she had no direct or personal participation if such offense was committed by other members of the conspiracy during the course of such conspiracy and in furtherance of its objects. So, in this case, with regard to Counts, and insofar as the Defendants are concerned, respectively, if you have first found either of those Defendants guilty of the conspiracy offense as charged in Count of the indictment, you may also find such Defendant guilty of any of the offenses charged in Counts even though such Defendant did not personally participate in such offense if you find, beyond a reasonable doubt: First: That the offense charged in such Count was committed by a conspirator during the existence of the conspiracy and in furtherance of its object s; Second: That the Defendant under consideration was a knowing and willful member of the conspiracy at the time of the commission of such offense; and Third: That the commission of such offense by a co-conspirator was a reasonably foreseeable consequence of the conspiracy. ANNOTATIONS AND COMMENTS This charge is an adaptation of the one set forth in foot not e 22, United States v. Alvarez, 7 55 F.2d 8 30, 8 48 (11th Cir. 1985).