Case 3:16-cr-00051-BR

Document 1235

Filed 09/09/16

Page 1 of 2

MATTHEW SCHINDLER, OSB# 964190

501 Fourth Street #324
Lake Oswego, OR 97034
Phone: (503) 699-7333
FAX: (503) 345-9372
e-mail: mattschindler@comcast.net
HYBRID COUNSEL FOR DEFENDANT KENNETH MEDENBACH

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON
UNITED STATES OF AMERICA,
Plaintiff,
vs.

Case No. 3:16-CR-00051-16-BR

PROPOSED JURY
INSTRUCTION ON INTENT
REQUIRED FOR A
VIOLATION OF 18 USC 641

KENNETH MEDENBACH,
Defendant(s).
Defendant, Kenneth Medenbach, through hybrid counsel, Matthew Schindler
submits the following proposed instruction supplementing Ninth Circuit Model Jury
Instruction 8.39 (Theft of Government Money or Property) regarding the intent to
deprive the government of the beneficial use of the property required under 18 USC
641.
The intent, which is required to constitute a violation of 641, is
the intent to appropriate the property to a use inconsistent with
the owner's rights and benefits. A temporary interference with
the owners possession of the property is insufficient.
The requested language is supported by Ailsworth v. United States, 448 F.2d
439, 442 (9th Cir. 1971); see United States v. Trinder, 1 F.Supp. 659 (D.C.,
1932)(court acquitted defendants because they took vehicle with intent to return it
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USC 641

Case 3:16-cr-00051-BR

Document 1235

Filed 09/09/16

Page 2 of 2

which was inconsistent with the common law of theft incorporated into former 18
USC 641), and the comment concerning that case in Morissette v. United States,
342 U.S. 246 (1952), at 266, n. 28, 72 S.Ct. 240, 96 L. Ed. 288.

Respectfully submitted on August 23, 2016.

Matthew A. Schindler, OSB#964190

Hybrid counsel for Kenneth Medenbach

Page 2 PROPOSED JURY INSTRUCTION ON INTENT REQUIRED FOR A VIOLATION OF 18

USC 641