United States v. Alberto Torres Velasquez, 980 F.2d 1275 (9th Cir. 1992). · Go Syfert
United States v. Alberto Torres Velasquez, 980 F.2d 1275 (9th Cir. 1992). Cases Citing This Book View Copy Cite
84 citation events (44 in the last 25 years) across 17 distinct courts.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) People v. Casey Simms
Colo. Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
considering the instruction given as a whole, the use of the 'firmly convinced' language did not indicate to the jury that the 17 prosecutor had a lesser burden than that implied by the use of the term 'reasonable doubt' standing alone.
examined Cited as authority (verbatim quote) Peo v. Duran
Colo. Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
considering the instruction given as a whole, the use of the 'firmly convinced' language did not indicate to the jury that the prosecutor had a lesser burden than that implied by the use of the term 'reasonable doubt' standing alone.
discussed Cited as authority (rule) People v. Schlehuber
Colo. Ct. App. · 2025 · confidence medium
See United States v. O’Brien, 972 F.2d 12, 16 (1st Cir. 1992) (rejecting argument that a court “must use the ‘hesitate to act’ language when defining reasonable doubt”); United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir. 1992) (noting that while cases have approved of the “hesitate to act” language, “failure to use that language does not necessarily constitute reversible error”).
cited Cited as authority (rule) Garza v. Shinn
D. Ariz. · 2021 · confidence medium
See, e.g., United States v. 7 Artero, 121 F.3d 1256 , 1257–59 (9th Cir. 1997); United States v. Velasquez, 980 F.2d 1275 8 (9th Cir. 1992).
cited Cited as authority (rule) United States v. Marco Juarez-Meza
9th Cir. · 2013 · confidence medium
We have held that proof beyond a reasonable doubt may properly be described as proof that leaves jurors “firmly convinced.” United States v. Velasquez, 980 F.2d 1275, 1277-79 (9th Cir.1992). 4.
discussed Cited as authority (rule) P. v. Williams CA2/8
Cal. Ct. App. · 2013 · signal: cf. · confidence medium
Under the unique facts in Lyons, the court held that a handwritten notation to a cautionary instruction improperly emphasized the point set forth because “the words were wholly unnecessary to a fair and clear statement of the pertinent proposition of law and were supererogated in the handwriting of the judge on the already adequate printed instruction which was taken into the jury room.” (Id. at pp. 322-324; cf. People v. Scarborough (1959) 171 Cal.App.2d 186 [interpreting Lyons narrowly based on its facts].) Unlike in Lyons, the court‟s brief comments here were made during jury selectio…
discussed Cited as authority (rule) United States v. Duke Nottingham
9th Cir. · 2013 · confidence medium
Questions based on admitted facts do not impinge on the presumption of innocence, and the government may properly cross-examine defense character witnesses regarding “acts that the defense counsel stated in his opening statement had occurred.” United States v. Velasquez, 980 F.2d 1275, 1277 (9th Cir.1992).
discussed Cited as authority (rule) United States v. Darnelld Colman (2×) also: Cited "see, e.g."
9th Cir. · 2013 · confidence medium
“The test for determining the adequacy of a reasonable doubt instruction is whether the supplemental instruction detracts from the heavy burden suggested by the use of the term ‘reasonable doubt’ standing alone.” United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992).
discussed Cited as authority (rule) State of Iowa v. Denise Leone Frei
Iowa · 2013 · confidence medium
See, e.g., United States v. Rodriguez, 162 F.3d 135, 146 (1st Cir.1998); United States v. Conway, 73 F.3d 975, 980 (10th Cir.1995); United States v. Reese, 33 F.3d 166, 172 (2d Cir.1994); United States v. Williams, 20 F.3d 125, 131-32 (5th Cir.1994); United States v. Taylor, 997 F.2d 1551, 1555-56 (D.C.Cir.1993); United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992).
discussed Cited as authority (rule) United States v. Leonel Guerrero
D.C. Cir. · 2011 · confidence medium
Compare United States v. Guzman, 167 F.3d 1350, 1352 (11th Cir.1999); United States v. Williams, 738 F.2d 172, 177 (7th Cir.1984); United States v. Mason, 993 F.2d 406, 408 (4th Cir.1993), with United States v. Smith-Bowman, 76 F.3d 634, 636 (5th Cir.1996); United States v. Velasquez, 980 F.2d 1275, 1277 (9th Cir.1992).
discussed Cited as authority (rule) State v. Bennett
Wash. · 2007 · confidence medium
D.C. 349, 997 F.2d 1551 (1993); United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir.1992); United States v. Barrera-Gonzales, 952 F.2d 1269, 1273 (10th Cir.1992); United States v. Hall, 854 F.2d 1036, 1038-39 (7th Cir.1988); United States v. Porter, 821 F.2d 968, 973 (4th Cir.1987); United States v. McBride, 786 F.2d 45, 52 (2d Cir.1986); United States v. Hunt, 794 F.2d 1095 , 1100 n. 4, 1101 (5th Cir.1986); United States v. Gibson, 726 F.2d 869, 874 (1st Cir.1984). [9] Their endorsement was far from exuberant.
discussed Cited as authority (rule) State v. Bennett
Wash. · 2007 · confidence medium
United States v. Taylor, 302 U.S. App. D.C. 349 , 997 F.2d 1551 (1993); United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir. 1992); United States v. Barrera-Gonzales, 952 F.2d 1269, 1273 (10th Cir. 1992); United States v. Hall, 854 F.2d 1036, 1038-39 (7th Cir. 1988); United States v. Porter, 821 F.2d 968, 973 (4th Cir. 1987); United States v. McBride, 786 F.2d 45, 52 (2d Cir. 1986); United States v. Hunt, 794 F.2d 1095 , 1100 n.4, 1101 (5th Cir. 1986); United States v. Gibson, 726 F.2d 869, 874 (1st Cir. 1984).
discussed Cited as authority (rule) United States v. Armstrong (2×) also: Cited "see"
9th Cir. · 2006 · confidence medium
“We review the reasonable doubt jury instruction given by the district court de novo to determine whether it was an accurate statement of the law.” United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992) (citation omitted).
discussed Cited as authority (rule) State v. Hunt
Wash. Ct. App. · 2005 · confidence medium
Castle, 86 Wash.App. at 57-58 , 935 P.2d 656 ; see also Victor v. Nebraska, 511 U.S. 1 , 114 S.Ct. 1239 , 127 L.Ed.2d 583 (1994) (Ginsberg, J., concurring) (Justice Ginsberg's concurrence characterizing the language from this instruction as "clear, straightforward, and accurate"); United States v. Williams, 20 F.3d 125, 132 (5th Cir.1994); United States v. Taylor, 997 F.2d 1551 (D.C.Cir.1993); United States v. Barrera-Gonzales, 952 F.2d 1269, 1273 (10th Cir. 1992); United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir.1992); United States v. Hall, 854 F.2d 1036, 1038-39 (7th Cir. 1988); …
discussed Cited as authority (rule) State v. Hunt
Wash. Ct. App. · 2005 · confidence medium
Cir. 1993); United States v. Barrera-Gonzales, 952 F.2d 1269, 1273 (10th Cir. 1992); United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir. 1992); United States v. Hall, 854 F.2d 1036, 1038-39 (7th Cir. 1988); United States v. Porter, 821 F.2d 968, 973 (4th Cir. 1987); United States v. Hunt, 794 F.2d 1095 , 1100 n.4 (5th Cir. 1986); United States v. Gibson, 726 F.2d 869, 874 (1st Cir. 1984). 112 When taken as a whole, WPIC 4.01A accurately informs the jurors that the prosecution must prove its case by more than a mere preponderance of the evidence, but need not necessarily prove its case…
cited Cited as authority (rule) United States v. Howell
9th Cir. · 2005 · confidence medium
United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992).
cited Cited as authority (rule) United States v. Keith Shwayder, Michael G. Swan, and Kevin Orton
9th Cir. · 2002 · confidence medium
United States v. Velasquez, 980 F.2d 1275, 1277 (9th Cir.1992). 7 .
discussed Cited as authority (rule) State v. Putz
Neb. Ct. App. · 2002 · confidence medium
In U.S. v. Velasquez, 980 F.2d 1275, 1278 (9th Cir. 1992), the court noted that the phrase “ ‘firmly convinced’ ” in a reasonable doubt instruction had been held not to be plain error in United States v. Bustillo, 789 F.2d 1364 (9th Cir. 1986).
cited Cited as authority (rule) United States v. De Tomaso
9th Cir. · 2002 · confidence medium
United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992).
discussed Cited as authority (rule) United States v. Estrada-Rendon
9th Cir. · 2002 · confidence medium
In United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir.1992), we held that the use of an almost identical “firmly convinced” instruction for reasonable doubt did not indicate a lesser burden than that suggested “by the use of the term ‘reasonable doubt’ standing alone” and was, therefore, not reversible error.
discussed Cited as authority (rule) United States v. Jose Luis Damblu
2d Cir. · 1998 · confidence medium
See United States v. Smith-Bowman, 76 F.3d 634, 636 (5th Cir.) (questions assuming act charged in the indictment were proper when defendant conceded she used company credit card for personal use, but claimed she was authorized to do so), cert. denied, — U.S. *496 -, 116 S.Ct. 2537 , 135 L.Ed.2d 1059 (1996); United States v. Wilson, 983 F.2d 221, 224 (11th Cir.1993) (per curiam) (questions assuming acts charged in indictment were proper when defendant admitted selling a list of names and credit card numbers to undercover agent, but claimed he lacked intent to defraud); United States v. Velasq…
discussed Cited as authority (rule) United States v. Thomas Wayne Marceau
9th Cir. · 1997 · confidence medium
Reavley, Senior United States Circuit Judge for the United States Court of Appeals, Fifth Circuit, sitting by designation * This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3 1 United States v. Hoyos, 573 F.d 1111, 1115 (9th Cir.1978) 2 United States v. Torres, 937 F.2d 1469, 1474 (9th Cir.1991), cert. denied, 502 U.S. 1037 (1992) 3 United States v. Paguio, 114 F.3d 928, 932 (9th Cir.1997) 4 United States v. Magana-Olvera, 917 F.2d 401, 407 (9th Cir.1990) 5 United States v. Bahena-Cardenas, 70 F.3d…
discussed Cited as authority (rule) State v. Melvin Henning
Tenn. Crim. App. · 1997 · confidence medium
Specifically, the panel quoted two excerpts from the instruction, i.e., "a doubt based upon reason and common sense after careful and impartial consideration of all the evidence" and "absolute certainty of the defendant's guilt is not necessary to convict him." Tennessee Pattern Instruction 2.03(a) tracks virtually identical language of pattern reasonable doubt instructions approved by a majority of the federal circuits.13 See, e.g., United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir. 1992), cert. denied, 508 U.S. 979 , 113 S.Ct. 2979 (1993); United States v. Campbell, 874 F.2d 838, 841 …
discussed Cited as authority (rule) State v. Castle (2×)
Wash. Ct. App. · 1997 · confidence medium
We do not, however, find that the presence or absence of the civil-criminal comparison is relevant to analysis of the constitutional sufficiency of the definition of reasonable doubt. [5] The Taylor court cited to U.S. v. Gibson, 726 F.2d 869, 874 (1st Cir.), cert. denied, 466 U.S. 960 , 104 S.Ct. 2174 , 80 L.Ed.2d 557 (1984), U.S. v. McBride, 786 F.2d 45, 52 (2d Cir.1986), U.S. v. Porter, 821 F.2d 968 , 973 (4th Cir.1987), cert. denied, 485 U.S. 934 , 108 S.Ct. 1108 , 99 L.Ed.2d 269 (1988), U.S. v. Hunt, 794 F.2d 1095 , 1100 n. 4, 1101 (5th Cir.1986), U.S. v. Hall, 854 F.2d 1036, 1038-39 (7th…
discussed Cited as authority (rule) United States v. Daniel Escobar Velasquez, United States of America v. Juan Jose Barajas, United States of America v. Filomeno Naranjo-Heredia, United States of America v. Juan Martin Garcia
9th Cir. · 1997 · confidence medium
The Reasonable Doubt Instruction 6 Velasquez's and Heredia's challenge to the district court's reasonable doubt instruction to the jury fails because of our holding in United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir.1992), that, considering such an instruction given as a whole, the use of "firmly convinced" language neither lessens the prosecutor's burden nor constitutes reversible error. 3.
discussed Cited as authority (rule) United States v. Mario Artola, Jr.
9th Cir. · 1997 · confidence medium
A. The Jury Instruction 3 Artola's proposed instruction based on Devitt & Blackmar, Federal Jury Practice and Instructions § 11.14, described "proof beyond a reasonable doubt" as "proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it in the most important of his own affairs." The instruction given by the district court was based on Ninth Circuit Pattern Instruction 3.03 and said that "[p]roof beyond a reasonable doubt is proof that leaves you firmly convinced that the defendant is guilty." This court has previously upheld the "firmly convince…
discussed Cited as authority (rule) United States v. Jonathan Paries, United States of America v. Romal Daron Hunter, Aka: Romal Hunter
9th Cir. · 1996 · confidence medium
A district court jury instruction on reasonable doubt is reviewed de novo "to determine whether it was an accurate statement of the law." United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992), cert. denied, 508 U.S. 979 (1993). 36 This court has upheld the "firmly convinced" language of the model instruction, finding that it does not "indicate to the jury that the prosecutor had a lesser burden than that implied by the use of the term 'reasonable doubt' standing alone." Velasquez, 980 F.2d at 1278 .
cited Cited as authority (rule) UNITED STATES of America, Plaintiff-Appellee, v. Kevin Lee NELSON, Defendant-Appellant
9th Cir. · 1995 · confidence medium
United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir.1992), cert. denied, — U.S. —, 113 S.Ct. 2979 , 125 L.Ed.2d 677 (1993).
cited Cited as authority (rule) United States v. Richard Valdez, Jr. Juan C. Briseno and Kay Tanner
9th Cir. · 1995 · confidence medium
As Briseno acknowledges, however, we addressed the same contention in United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992), cert. denied, 113 S.Ct. 2979 (1993), and upheld the instruction.
cited Cited as authority (rule) United States v. Alfred A. Smith
9th Cir. · 1994 · confidence medium
United States v. Velasquez, 980 F.2d 1275, 1277-78 (9th Cir.1992), cert. denied, 113 S.Ct. 2979 (1993).
discussed Cited as authority (rule) Butler v. United States
D.C. · 1994 · confidence medium
See Victor, — U.S. at -, 114 S.Ct. at 1253 (Ginsburg, J. concurring) (“This model instruction surpasses others I have seen in stating the reasonable doubt standard succinctly and comprehensibly.”); United States v. Williams, 20 F.3d 125, 131 (5th Cir.1994) (“the ‘firmly convinced’ language, read in the context of the charge as a whole, adequately apprises the jury of the requisite level of proof’); Taylor, 302 U.S.App.D.C. at 354 , 997 F.2d at 1556 (reasonable doubt instruction requiring that jurors be “firmly convinced” of defendant’s guilt did not lower government’s bur…
discussed Cited as authority (rule) United States v. Efrain Oseguera-Haros
9th Cir. · 1994 · confidence medium
United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 2979 (1993). 32 Velasquez does not conflict with Sullivan v. Louisiana, --- U.S. ----, 113 S.Ct. 2078 (1993).
discussed Cited as authority (rule) United States v. Gonzalo Gomez-Morales, United States of America v. Jaime Patino Monzalde, United States of America v. Carlos Benitez, United States of America v. Jaime Quintero, United States of America v. Jimmy Grisales
9th Cir. · 1994 · confidence medium
United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992), cert. denied, 113 S.Ct. 2979 (1993). 6 The reasonable doubt instruction given in this case was essentially identical to former Ninth Circuit Model Instruction No. 3.04, and is commonly referred to as a "willingness to act" instruction.
discussed Cited as authority (rule) United States v. Joseph C. Miller
9th Cir. · 1994 · confidence medium
Mr. Miller objected to the language defining proof beyond a reasonable doubt as proof "that leaves you firmly convinced that the defendant is guilty." 20 This Court previously entertained this contention in United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 2979 (1993), and United States v. Garza, 980 F.2d 546, 555 (9th Cir.1992).
cited Cited as authority (rule) United States v. Maria Elena Hurtado
9th Cir. · 1993 · confidence medium
In United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir.1992), cert. denied, 113 S.Ct. 2979 (1993), this court upheld the use of Ninth Circuit Model Criminal Jury Instruction 3.03.
discussed Cited as authority (rule) United States v. Michael Joe Taylor, United States of America v. Chardale Arnaz Bowe, United States of America v. Eric Lamont Hutchinson (2×) also: Cited "see"
D.C. Cir. · 1993 · confidence medium
See United States v. Gibson, 726 F.2d 869, 874 (1st Cir.), cert. denied, 466 U.S. 960 , 104 S.Ct. 2174 , 80 L.Ed.2d 557 (1984); United States v. McBride, 786 F.2d 45, 52 (2d Cir.1986); United States v. Porter, 821 F.2d 968, 973 (4th Cir.1987), cert. denied, 485 U.S. 934 , 108 S.Ct. 1108 , 99 L.Ed.2d 269 (1988); United States v. Hunt, 794 F.2d 1095 , 1100 n. 4, 1101 (5th Cir.1986); United States v. Hall, 854 F.2d 1036, 1038-39 (7th Cir.1988); United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 2979 , 125 L.Ed.2d 677 (1993); United States v. Bar…
cited Cited as authority (rule) United States v. Zoltan Sztojko
9th Cir. · 1993 · confidence medium
In United States v. Velasquez, No. 91-10540, 1992 WL 354915, at * 3 (9th Cir. Dec. 4, 1992), this court reviewed the identical instruction and concluded it was an accurate statement of the law.
discussed Cited "see" United States v. Jose Meraz-Olivera (2×)
9th Cir. · 2012 · signal: see · confidence high
See United States v. Velasquez, 980 F.2d 1275 , 3 1278 (9th Cir. 1992) (reviewing reasonable doubt instruction de novo).
discussed Cited "see" United States v. Pulliza-Delgado
1st Cir. · 1996 · signal: see · confidence high
See United States v. ___ ______________ Velazquez, 980 F.2d 1275, 1278 (9th Cir. 1992), cert. denied, _________ ____________ ___ U.S. ___, 113 S.Ct. 2979 , 125 L.Ed.2d 677 (1993) (upholding same pattern instruction used here); United States _____________ v. Hunt, 794 F.2d 1095, 1100-1101 (5th Cir. 1986) ("firmly ____ convinced" adequately conveys "beyond a reasonable doubt" standard); United States v. Taylor, 997 F.2d 1551, 1557 (D.C. _____________ ______ Cir. 1993) (same); see also United States v. Williams, 20 _________ ______________ ________ F.3d 125, 131 (5th Cir.), cert. denied, ___ U.S.…
discussed Cited "see" United States v. Brand
1st Cir. · 1996 · signal: see · confidence high
See United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992), cert. denied, 508 U.S. 979 , 113 S.Ct. 2979 , 125 L.Ed.2d 677 (1993) (upholding same pattern instruction used here); United States v. Hunt, 794 F.2d 1095, 1100-1101 (5th Cir.1986) ("firmly convinced” adequately conveys "beyond a reasonable doubt” standard); United States v. Taylor, 997 F.2d 1551, 1557 (D.C.Cir.1993) (same); see also United States v. Williams, 20 F.3d 125, 131 (5th Cir.), cert. denied, - U.S. -, 115 S.Ct. 239 , 130 L.Ed.2d 162 (1994); United States v. Barrera-Gonzales, 952 F.2d 1269, 1272-73 (10th Cir.1992)…
discussed Cited "see" United States v. Mark A. Robinson
9th Cir. · 1995 · signal: see · confidence high
See United States v. Velasquez, 980 F.2d 1275, 1278-79 (9th Cir.1992) (reasonable doubt jury instruction using the term "firmly convinced" was not reversible error), cert. denied, 113 S.Ct. 2979 (1993); United States v. Bustillo, 789 F.2d 1364, 1368 (9th Cir.1986) (reasonable doubt jury instruction containing the term "firmly convinced" was not plain error).
cited Cited "see, e.g." United States v. Mikhel
9th Cir. · 2018 · signal: see, e.g. · confidence low
See, e.g., United States v. Velasquez, 980 F.2d 1275 , 1278–79 (9th Cir. 1992) (approving “firmly convinced” language in reasonable doubt instruction).
discussed Cited "see, e.g." State v. Mickens
Tenn. Crim. App. · 2003 · signal: see, e.g. · confidence medium
See, e.g., United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992), ce rt. denied, 508 U.S. 979 , 113 S.Ct. 2979 , 125 L.Ed.2d 677 (1993); United States v. Campbell, 874 F.2d 838, 841 (1st Cir.1989); United States v. Hall, 854 F.2d 1036, 1039 (7th Cir.1988); United States v. Kirby, 838 F.2d 189, 191-192 (6th Cir.1988); United States v. Colon, 835 F.2d 27, 31-32 (2nd Cir.1987), cert. denied, 485 U.S. 980 , 108 S.Ct. 1279 , 99 L.Ed.2d 490 (1988); United States v. Dilg, 700 F.2d 620 (11th Cir.1983); United States v. Alonzo, 681 F.2d 997, 1002 (5th Cir.), cert. denied, 459 U.S. 1021 , 103 S…
discussed Cited "see, e.g." State of Tennessee v. Avis Neal
Tenn. Crim. App. · 2002 · signal: see, e.g. · confidence medium
See, e.g., United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992), cert. denied, 508 U.S. 979 (1993); United States v. Campbell, 874 F.2d 838, 841 (1st Cir.1989); United States v. Hall, 854 F.2d 1036, 1039 (7th Cir.1988); United States v. Kirby, 838 F.2d 189, 191-192 (6th Cir.1988); United States v. Colon, 835 F.2d 27, 31-32 (2nd Cir.1987), cert. denied, 485 U.S. 980 (1988); United States v. Dilg, 700 F.2d 620 (11th Cir.1983); United States v. Alonzo, 681 F.2d 997, 1002 (5th Cir.), cert. -4- denied, 459 U.S. 1021 (1982); United States v. Robertson, 588 F.2d 575, 579 (8th Cir.1978), cer…
discussed Cited "see, e.g." State of Tennessee v. Reginald Henderson
Tenn. Crim. App. · 2001 · signal: see, e.g. · confidence medium
See, e.g., United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992), cert. denied, 508 U.S. 979 , 113 S. Ct. 2979 (1993); United States v. Campbell, 874 F.2d 838, 841 (1st Cir. 1989); United States v. Hall, 854 F.2d 1036, 1039 (7th Cir. 1988); United States v. Kirby, 838 F.2d 189, 191-192 (6th Cir. 1988); United States v. Colon, 835 F.2d 27, 31-32 (2nd Cir. 1987), cert. denied, 485 U.S. 980 , 108 S. Ct. 1279 , 99 L.
discussed Cited "see, e.g." United States v. Carmine Russo, Henry Fulton
2d Cir. · 1997 · signal: see also · confidence low
See United States v. Oshatz, 912 F.2d 534 (2d Cir.1990); see also United States v. Velasquez, 980 F.2d 1275 (9th Cir.1992); United States v. Krapp, 815 F.2d 1183 (8th Cir.1987); United States v. Page, 808 F.2d 723 (10th Cir.1987); McGuire, 744 F.2d at 1197 .
discussed Cited "see, e.g." Smith v. United States (2×)
D.C. · 1996 · signal: see also · confidence medium
See Butler, supra, 646 A.2d at 335, 337 ; see also United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992) (Omission of the “hesitate to act” language is not necessarily reversible error.); United States v. Barrera-Gonzales, 952 F.2d 1269, 1272 (10th Cir.1992) (Instructions which have “strayed from the ‘hesitate to act’ formula have been upheld.”).
discussed Cited "see, e.g." State v. Portillo
Ariz. · 1995 · signal: compare · confidence medium
Compare Lansdowne v. State, 287 Md. 232 , 412 A.2d 88, 93 (App.1980) (requiring that reasonable doubt be defined in all cases) with United States v. Glass, 846 F.2d 386, 387 (7th Cir.1988) (stating that reasonable doubt should not be defined, the term must speak for itself) and United States v. Velasquez, 980 F.2d 1275, 1278 (9th Cir.1992) (district courts have discretion whether to define reasonable doubt).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Alberto Torres VELASQUEZ, Defendant-Appellant
91-10540.
Court of Appeals for the Ninth Circuit.
Dec 4, 1992.
980 F.2d 1275
Bram J. Jacobson, Asst. Federal Public Defender, Phoenix, Ariz., for defendant-appellant., Paul Kipp Charlton, Asst. U.S. Atty., Phoenix, Ariz., for plaintiff-appellee.
Choy, Noonan, O'Scannlain.
Cited by 60 opinions  |  Published
CHOY, Circuit Judge:

Alberto Torres Velasquez appeals his jury conviction for attempted unarmed bank robbery. He requests that the conviction be reversed and remanded for a new trial, arguing that (1) the prosecutor was improperly allowed to ask defense character witnesses guilt-assuming hypothetical questions and (2) the “reasonable doubt” jury instruction given by the judge impermissibly lowered the prosecutor's burden of proof. We find these arguments without merit and we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On August 24, 1990, defendant/appellant Alberto Torres Velasquez (“Velasquez”) was arrested and charged with attempted armed bank robbery. A jury convicted Velasquez of the lesser offense of attempted unarmed bank robbery on June 28, 1991. The district court sentenced Velasquez to thirty-six -months in prison, giving him credit for three months of time served at a half-way house.

[*1277] The basic facts of this case are undisputed. Prior to his arrest on August 24, 1990, Velasquez entered a bank covered with bandages and limping. Velasquez requested to speak to a bank employee in private. The bank manager took Velasquez to a conference room. Once in the conference room, Velasquez revealed a grenade that was later determined to be inert. Velasquez asked the manager if she could get into the vault. The manager responded that she needed another person to get into the vault.

The manager left the room several times ostensibly to work on getting the vault opened. While outside the room the manager informed several bank employees of the situation and activated the bank’s alarm. The last time the manager returned to the room Velasquez was talking into a walkie-talkie. Velasquez said “I’m out of here” and left the bank. He was arrested by the police outside the bank.

II. DISCUSSION

A. Cross-Examination of Character Witnesses

While Velasquez admits to entering the bank and showing a bank employee an inactive grenade, he claims that he did not intend to rob the bank. At trial, Velasquez asserted that when he went to the bank he was troubled by a number of misfortunes and that he had intended to get caught in the bank, not to take money. In support of this theory, defense counsel called two character witnesses who testified that they did not consider Velasquez a violent person.

On cross-examination the prosecutor asked the first character witness if her opinion would change if the evidence showed that Velasquez entered the bank with a hand grenade and asked about money. The prosecutor asked the second character witness if he would agree that a bank robbery involving a man exhibiting what turned out to be a fake grenade was a violent act. Velasquez contends that the district court erred by allowing the prosecutor to ask the character witnesses guilt-assuming hypothetical questions.

In support of his argument, Velasquez cites cases from a number of circuits holding that it is improper for prosecutors to use guilt-assuming hypotheticals when cross-examining defense character witnesses. See, e.g., United States v. Oshatz, 912 F.2d 534, 539 (2d Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1695, 114 L.Ed.2d 89 (1991); United States v. Siers, 873 F.2d 747, 749 (4th Cir.1989); United States v. Barta, 888 F.2d 1220 (8th Cir.1989); United States v. Page, 808 F.2d 723, 731 (10th Cir.), cert. denied, 482 U.S. 918, 107 S.Ct. 3195, 96 L.Ed.2d 683 (1987); United States v. McGuire, 744 F.2d 1197, 1204 (6th Cir.1984), cert. denied, 471 U.S. 1004, 105 S.Ct. 1866, 85 L.Ed.2d 159 (1985); United States v. Williams, 738 F.2d 172, 177 (7th Cir.1984); United States v. Candelaria-Gonzalez, 547 F.2d 291, 294-95 (5th Cir.1977).

We find it unnecessary in this case to consider whether as a general matter it is appropriate to pose guilt-assuming hypothetical questions to character witnesses. The questions posed were not of that nature.

The factual content of the prosecutor’s questions had already been presented to the jury by the defense counsel in his opening statement. Velasquez argues that the prosecutor’s questions assumed that he entered the bank with a violent intent and with the intent to steal money. This assertion is not supported by a review of the questions asked. The prosecutor did not ask the witnesses what they would think if it was shown that Velasquez entered the bank with bad intentions. The prosecutor only asked the witnesses how they would interpret the acts that the defense counsel stated in his opening statement had occurred. Therefore, we find that allowing the prosecutor to ask those questions was not reversible error.

B. Reasonable Doubt Instruction

When giving the jury instructions, the district court gave a separate instruction on reasonable doubt. District courts have discretion regarding whether[*1278] to instruct a jury on reasonable doubt. United States v. Nolasco, 926 F.2d 869, 872 (9th Cir.) (en banc), cert. denied, —— U.S. -, 112 S.Ct. 111, 116 L.Ed.2d 80 (1991). For the reasonable doubt instruction, the district court used instruction 3.03 from the 1989 Manual of Model Criminal Jury Instruction for the Ninth Circuit. [1] Before the judge gave this instruction, Velasquez objected to the language defining proof beyond a reasonable doubt as proof “that leaves you firmly convinced” of the defendant’s guilt. Velasquez argued that the instruction equated the reasonable doubt standard with the less burdensome clear and convincing evidence standard and requested that an instruction using “hesitate to act” language be used instead of instruction 3.03. [2] The objection was overruled.

We review the reasonable doubt jury instruction given by the district court de novo to determine whether it was an accurate statement of the law. United States v. Terry, 911 F.2d 272, 278 (9th Cir.1990). The test for determining the adequacy of a reasonable doubt instruction “is whether ‘the supplemental instruction [] detracts] from the heavy burden suggested by the use of the term “reasonable doubt” standing alone.’ ” United States v. Jaramillo-Suarez, 950 F.2d 1378, 1386 n. 10 (9th Cir.1991) (quoting Nolasco, 926 F.2d at 873).

While some Ninth Circuit opinions have expressed a preference for the “hesi-fate to act” language, failure to use that language does not necessarily constitute reversible error. See United States v. Bustillo, 789 F.2d 1364, 1368 (9th Cir.1986). Other definitions of reasonable doubt are permissible. United States v. Robinson, 546 F.2d 309, 313-14 (9th Cir.1976), cert. denied, 430 U.S. 918, 97 S.Ct. 1333, 51 L.Ed.2d 597 (1977) (not reversible error to use “willing to act” instruction for reasonable doubt); Jaramillo-Suarez, 950 F.2d at 1386 (same holding as Robinson). 3

A reasonable doubt is a doubt based upon reason and common sense, and may arise from a careful and impartial consideration of all the evidence, or from lack of evidence. Proof beyond a reasonable doubt is proof that leave you firmly convinced that the defendant is guilty.
If after a careful and impartial consideration with your fellow jurors of all the evidence, you are not convinced beyond a reasonable doubt that the defendant is guilty, it is your duty to find the defendant not guilty. On the other hand, if after a careful and impartial consideration with your fellow jurors of all the evidence, you are convinced beyond a reasonable doubt that the defendant is guilty, it is your duty to find the defendant guilty.

In United States v. Bustillo, we held that the use of the phrase “firmly convinced” in a reasonable doubt instruction was not plain error. Bustillo, 789 F.2d at 1368. The plain error approach is not applicable in this case since Velasquez did object to the “firmly convinced” instruction at the district court level. However, while Bustillo is not controlling law in this case, there is no indication in other Ninth Circuit decisions that our Circuit has qualms about the “firmly convinced” language. The phrases “firmly convinced” and “hesitate to act” are essentially two ways of conveying the same definition of reasonable doubt. Considering the instruction given as a whole, the use of the “firmly convinced” language did not indicate to the jury that the prosecutor had a lesser burden than that implied by the use of the term “reasonable doubt” standing alone. Accordingly, we find that the instruction[*1279] given by the district court was not reversible error.

AFFIRMED.

1

.The district court used the following reasonable doubt instruction:

2

. The Supreme Court has held that it is acceptable to define reasonable doubt as "the kind of doubt that would make a person hesitate to act.” Holland v. United States, 348 U.S. 121, 140, 75 S.Ct. 127, 138, 99 L.Ed. 150 (1954).

3

. Velasquez contends that the Robinson and Jar-amillo-Suarez decisions stand for the proposition that the "hesitate to act" instruction is the proper instruction to use in the Ninth Circuit. His interpretation of those cases is erroneous. Those cases do state a preference for the "hesitate to act” instruction over the "willing to act” instruction. However, in both cases the use of the "willing to act” instruction was upheld. Furthermore, neither case addressed the use of the "firmly convinced" instruction at issue here.