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  1. 8.63 Firearms—Unlawful Receipt

    ... 1168-70 (9th Cir. 2010) (en banc) (concluding sufficient evidence established sleeping defendant had knowing possession of firearms).  ... to the third element of the offense rather than have evidence of prior convictions presented to the jury.  See Old Chief v. ...

  2. 12. Americans With Disabilities Act

    ... primarily in either of two ways: by presenting evidence of disparate treatment or by showing a failure to accommodate. ... qualification, bona fide seniority system, or after-acquired evidence.             The Committee notes, as stated above, ...

  3. 9.7 Alien—Deported Alien Reentering United States Without Consent--Attempt

    ... 302 F.3d 1061, 1063 (9th Cir. 2002). If there is conflicting evidence as to whether the defendant possessed any specific intention to remain ... country free of official restraint, when alien presented evidence that attempt to enter was based on intent to be placed into protective ...

  4. 14.13 Firearms—Unlawful Receipt (18 U.S.C. § 922(g))

    ... 1168-70 (9th Cir. 2010) (en banc) (concluding sufficient evidence established sleeping defendant had knowing possession of firearms). ... to the third element of the offense rather than have evidence of prior convictions presented to the jury.  See Old Chief v. United ...

  5. 17.37 Copyright—Damages—Statutory Damages (17 U.S.C. § 504(c))

    ... in making  an  award of statutory damages, including “evidence concerning actual damages and profits.” H.R. Rep. No. 94-1476, at ... recover statutory damages “whether or notthere is adequate evidence of the actual damages suffered by plaintiff or of the profits reaped ...

  6. 22.6 Willfully—Defined (26 U.S.C. §§ 7201, 7203, 7206, 7207)

    ... paragraph of this instruction may be used when there is evidence the defendant acted on a good faith but erroneous belief as to the ... Willfulness is a state of mind that may be established by evidence of fraudulent acts.   See United States v. Voorhies , 658 F.2d 710, ...

  7. 9.42 Willfully—Defined

    ... paragraph of this instruction may be used when there is evidence a defendant acted on a good faith, but erroneous belief as to the ... Willfulness is a state of mind that may be established by evidence of fraudulent acts. See United States v. Voorhies , 658 F.2d 710, ...

  8. 15.3 Definition—Trade Dress (15 U.S.C. § 1125(a))

    ...               In this case, you will hear evidence about the manner in which [ insert description of good ] was ... of the instruction:   In this case, you will hear evidence about the manner in which [ insert name of business ] identifies ...

  9. 8.73 False Statement to Government Agency

    ... common sense and life experiences in the absence of direct evidence.  See United States v. Charley , 1 F.4th 637, 644 (9th Cir. ... to the jury. Id.  Depending on the facts in evidence, it may be appropriate to amend this instruction with language ...

  10. 24.10 False Statement to Government Agency (18 U.S.C. § 1001)

    ... common sense and life experiences in the absence of direct evidence.  See United States v. Charley , 1 F.4th 637, 644 (9th Cir. ...             Depending on the facts in evidence, it may be appropriate to amend this instruction with language ...

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