7.4 JURY CONSIDERATION OF PUNISHMENT

The punishment provided by law for this crime is for the court to decide. You may not consider punishment in deciding whether the government has proved its case against the defendant beyond a reasonable doubt.

Comment

In United States v. Lynch, 903 F.3d 1061, 1081 (9th Cir. 2018), the Ninth Circuit rejected a challenge to the giving of this instruction.

Approved 9/2019