Fill and Sign the Case of Each Defendant and the Evidence Pertaining to Form

10-3 Caution - - Punishment (Multiple Defendants - - Single Count) The case of each Defendant and the evidence pertaining to each Defendant should be considered separately and individually. The fact that you may find any one of t he Defendants guilt y or not guilty should not affect your verdict as to any other Defendant. I caution you, members of the Jury, t hat you are here to determine from t he evidence in this case whether each Defendant is guilty or not guilty. Each Defendant is on trial only f or t he specific offense alleged in the indictment. Also, t he quest ion of punishment should never be considered by the jury in any way in deciding the case. If a Defendant is convicted the matter of punishment is for the Judge alone to determine later. ANNOTATIONS AND COMMENTS Unit ed States v. Gonzalez, 940 F.2d 1413, 1428 (11th Cir. 1991), cert. denied, 112 S.Ct . 910, 116 L.Ed.2d 810 (1992), and cert. denied, 112 S.Ct. 1194, 117 L.Ed.2d 435 (1992) states that " cautionary instructions to the jury to consider the evidence as to each defendant separately are presumed t o guard adequately against prejudice. " See also Unit ed States v. Adams, 1 F.3d 1566 (11t h Cir. 1993), reh'g denied, 9 F.3d 1561 (1993), cert. denied, 114 S.Ct. 1310, 127 L.Ed.2d 660 (1994), and cert. denied, 1 14 S.Ct. 1 33 0, 12 7 L.Ed.2 d 667 (1994). Unit ed States v. Watson, 66 9 F.2d 1374, 1389 (11t h Cir. 198 2) allowed use of single verdict form for multiple defendants when the form listed each defendant separately and jury w as instructed that each defendant " should be considered separately and individually." See also Unit ed States v. Russo, 79 6 F.2d 1443, 1450 (11t h Cir. 1986).