Case 3:16-cr-00051-BR

Document 1313

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MATTHEW SCHINDLER, OSB# 964190

501 Fourth Street #324
Lake Oswego, OR 97034
Phone: (503) 699-7333
FAX: (503) 345-9372
e-mail: mattschindler@comcast.net
HYBRID COUNSEL FOR DEFENDANT KENNETH MEDENBACH

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON
UNITED STATES OF AMERICA,
Plaintiff,
vs.

Case No. 3:16-CR-00051-16-BR

DEFENDANTS PROPOSED
JURY INSTRUCTIONS

KENNETH MEDENBACH,
Defendant(s).
Defendant, Kenneth Medenbach, through hybrid counsel, Matthew Schindler
requests the following uniform jury instructions relative to his case.
8.22 Multiple Conspiracies
8.24 Withdrawal from Conspiracy
Respectfully submitted on August 23, 2016.

Matthew A. Schindler, OSB#964190

Hybrid counsel for Kenneth Medenbach

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Case 3:16-cr-00051-BR

Document 1313

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8.22 MULTIPLE CONSPIRACIES

You must decide whether the conspiracy charged in the indictment existed, and, if it did,
who at least some of its members were. If you find that the conspiracy charged did not
exist, then you must return a not guilty verdict, even though you may find that some other
conspiracy existed. Similarly, if you find that any defendant was not a member of the
charged conspiracy, then you must find that defendant not guilty, even though that
defendant may have been a member of some other conspiracy.

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Document 1313

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8.24 WITHDRAWAL FROM CONSPIRACY

Once a person becomes a member of a conspiracy, that person remains a member until
that person withdraws from it. One may withdraw by doing acts which are inconsistent
with the purpose of the conspiracy and by making reasonable efforts to tell the coconspirators about those acts. You may consider any definite, positive step that shows
that the conspirator is no longer a member of the conspiracy to be evidence of
withdrawal.
If you find that the government has proved beyond a reasonable doubt each element of a
conspiracy and that the defendant was a member of the conspiracy, the burden is on the
defendant to prove by a preponderance of the evidence that he or she withdrew from the
conspiracy before the overt acton which you all agreedwas committed by some
member of the conspiracy. A preponderance of the evidence means that you must be
persuaded that the things the defendant seeks to prove are more probably true than not
true. This is a lesser burden of proof than the governments burden to prove beyond a
reasonable doubt each element of the conspiracy and that the defendant was a member of
the conspiracy.
If you find that the defendant withdrew from the conspiracy, you must find the defendant
not guilty of Conspiracy to Impeded Officers of the Malheur National Wildlife Refuge in
their official duties through threat, force, or intimidation as charged in Count I.

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