Fill and Sign the Usc02 21 Usc 841 Prohibited Acts a United States Code Form

386 73 Controlled Substances (Possession With Intent To Distribute) 21 USC § 84 1(a)(1) Title 21, United States Code, Sect ion 841(a)(1 ), makes it a Federal crime or offense for anyone to possess a "controlled substance" with intent to distribute it. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant knowingly and willfully possessed as charged; and Second: That the Defendant possessed the substance with the intent to distribute it. To " possess with intent t o distribute" simply means to possess with intent to deliver or transfer possession of a controlled substance to another person, with or without any financial interest in the transaction. ANNOTATIONS AND COMMENTS 21 USC § 841(a) provides: . . . it shall be unlawful for any person knowingly or intentionally - -( 1) to . . . possess with intent to . . . distribute . . . a controlled substance . . . . Maximum Penalty: Depends upon the nature of the substance involved. See 21 USC § 841(b). The nature of the controlled substance (e.g. cocaine or cocaine base), like the amount of the substance involved, is not a jury question but rather is determined by the court at sentencing. U. S. v. Trujillo, 9 59 F.2d 1 37 7, 13 83 (7t h Cir. 1 99 2), cert. denied, 506 U.S. 897 (1992). "Mere presence" defense, as interrelated with state of mind and prior bad acts evidence issues, is analyzed in U. S. v . Russo, 717 F.2d 545, 552 (11th Cir. 1983), criticized, U. S. V. Jenkins, 7 F.3d 803, 807 (8th Cir. 1993); see also U. S. v. Thomas, 58 F.3d 1318, 13 21-22 (8th Cir. 1995) (examining varying circuit approaches to t his issue).