Jury Instructions
    Case #:4068
    Case Type: Criminal
    Case Submitted Date: 08/27/2008
    Category: CRIM - Criminal Law and Procedure
    Year: 2007
    Division: Western
    Judge: Mark W. Bennett

    Case Name: U.S. v. Phieu Van Nguyen & Va Thi Nguyen
    (As to Phieu Nguyen:

    Knowingly, and intentionally engaging in a “continuing criminal enterprise” or “CCE” in that he knowingly and intentionally committed the following continuing series of felony violations of federal law:
    (a) manufacturing marijuana;
    (b) distributing marijuana;
    (c) possessing with intent to distribute marijuana;
    (d) using a communications facility to facilitate the commission of felony drug-trafficking offenses;
    (e) using a structure for the purpose of manufacturing controlled substances; and
    (f) conspiring to manufacture, distribute, and possess with intent to distribute marijuana

    Undertaking this continuing series of violations in concert with at least five other persons with respect to whom he occupied a position of organizer, supervisor, and any position of management, and that he obtained substantial income and resources from this continuing series of violations.

    Knowingly and willfully conducting, attempting to conduct, and aiding and abetting in the conduct of financial transactions affecting interstate and foreign commerce that involved the proceeds of illegal drug trafficking, and that he did so
    (a) with the intent to promote the carrying on of the illegal drug trafficking;
    (b) knowing the transaction was designed in whole or in part to conceal and disguise the nature, location, source, ownership, and control of the proceeds of the illegal drug trafficking; and
    (c) knowing the transaction was designed in whole and in part to avoid a transaction reporting requirement under federal law.

    While conducting, attempting to conduct, and aiding and abetting another to conduct such financial transactions, defendant knew that the property involved in the financial transactions represented the proceeds of some form of unlawful activity.

    Knowingly engaging in and attempting to engage in monetary transactions through or to a financial institution, affecting interstate or foreign commerce, in criminally derived property of a value greater than $10,000, such property having been derived from illegal drug trafficking.

    As to Va Thi Nguyen:

    Knowingly and unlawfully conspiring with others to commit the following offenses:
    (a) manufacturing 1,000 or more marijuana plants;
    (b) possessing with intent to distribute 1,000 kilograms or more of marijuana; and
    (c) distributing 1,000 kilograms or more of marijuana.

    Conspiring to commit these offenses within 1,000 feet of a playground or school)

    Documents:
    MWB-07-CR-4068, US v. Nguyen, Jury Instructions-preliminary and final, 08192008.pdf