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UNITED STATES DISTRICT COURTDISTRICT OF NEW HAMPSHIREUNITED STATES OF AMERICA 
v.Cr. No. 07-189-01/02/03-GZS
DANIEL RILEY,JASON GERHARD, and CIRINO GONZALEZGOVERNMENT'S PROPOSED JURY INSTRUCTIONS
The government submits the following jury instructionspursuant to Rule 30 of the Federal Rules of Criminal Procedure.The government respectfully requests permission to proposeadditional instructions that may be required by evidence that isadmitting during the trial of this case.Respectfully submitted,THOMAS P. COLANTUONOUnited States AttorneyBy: /s/ Arnold H. HuftalenArnold H. HuftalenAssistant U.S. AttorneyNH Bar No. 121553 Pleasant St., 4 Floor
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Concord, New Hampshire 03301(603) 225-1552Dated: March 19, 2008
 
1 Devitt & Blackmar, Federal Jury Practice and
1
Instructions, §512.07, at 333 (3d ed 1977).Page 2 of 23
 Agency
As a general rule, whatever any person is legally capable ofdoing himself, he can do through another person as his agent. So,if the acts or conduct of an agent, employee or other associate arewillfully ordered or directed, or willfully authorized or consentedto by the defendant, then the law holds the defendant responsiblefor such acts or conduct, as if he had performed them himself.
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Page 3 of 23
COUNT ONE
A.
Indictment
The first count of the Indictment alleges:From in or around January 2007, through in or aroundSeptember 2007, in the District of New Hampshire andelsewhere, the defendants,DANIEL RILEY,JASON GERHARD, andCIRINO GONZALEZ,knowingly conspired and agreed with other individuals,both known and unknown to the grand jury, to prevent byforce, intimidation and threat employees of the UnitedStates Marshals Service, who are officers of the UnitedStates, in the discharge of their official duties, towit: arresting Edward Brown and Elaine Brown.The Indictment also alleges that the following 27 overt actswere committed in furtherance of the conspiracy:1.On different occasions between in or around May2007, and in or around September 2007, Riley, who is aresident of Cohoes, New York, temporarily resided in theBrowns’ home;2.On different occasions between in or around May2007, and in or around September 2007, Gerhard, who is aresident of Brookhaven, New York, temporarily resided inthe Browns’ home;3.On different occasions between in or around May2007 and in or around September 2007, Gonzalez, who is aresident of Alice, Texas, temporarily resided in theBrowns’ home;
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