Since the defendant has the right to remain silent

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Since the defendant has the right to remain silent the law prohibits you from arriving at your verdict by considering that the defendant may not have testified.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 April 20 , 2010 85 This is terrible allergy weather and maybe we can get through this without too much difficulty. Third, the government must prove the defendant's guilt beyond a reasonable doubt. I will give you further instructions on this point later, but bear in mind that in this respect a criminal case is different from a civil case. In this case the defendant is charged with in Count 1 of the Indictment violating 18 United States Code § 2, 1028(a)(7)(B)(2)(b) and (C)(3)(a). In Count 2 of the indictment he is charged with violating 18 United States Code § 2, and 1343. In Count 3 of the indictment he is charged with violating 18 United States Code § 2, 1030(A)(2)(c), 1030(c)(2)(B)(2). And in Count 4 of the indictment he is charged with violating 18 United States Code § 1519. I will give you detailed instructions on the law at the end of this case and those instructions will control your deliberations and decision. In order to help you follow the evidence I will now give you a brief summary of the elements of the offense that the government must prove to make its case. Count 1 of the Indictment charges the defendant with knowingly transferring, possessing, or
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 April 20 , 2010 86 using a means of identification of another person in violation of the Identity Theft and Assumption Detection Act, Title 18 United States Code § 1028(a)(7) and of aiding and abetting in violation of Title 18 United States Code § 2. For you to find the defendant guilty of Count 1 the government must prove, number one, the defendant knowingly transferred, possessed or used a means of identification without lawful authority. Number two, the defendant knew that the means of identification belonged to another person. Number 3, the defendant did so with the intent to commit or to aid and abet or in connection with any unlawful activity that constitutes a violation of federal law, that is, wire fraud, under Title 18 United States Code § 1343 or a violation of the Computer Fraud and Abuse Act under Title 18 United States Code § 1030(A)(2)(c). And number 4, the defendant's conduct in some way affected interstate or foreign commerce including a transfer of information by the Internet or electronic means. Count 2 of the Indictment charges the defendant with wire fraud in violation of Title 18 United States Code § 1343 and of aiding and abetting in
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 April 20 , 2010 87 violation of Title 18 United States Code § 2. For you to find the defendant guilty of Count 2, the government must prove, number one, the defendant knowingly participated in, devised or intended to devise a scheme to defraud in order to obtain property, that is, information, data and pictures from the e-mail account [email protected]

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