United States v. De Ortiz

EASTERBROOK, Circuit Judge We granted rehearing in banc to decide whether a portion of § 5.11 of this circuit's pattern jury instructions, Federal Criminal Jury Instructions of the Seventh Circuit § 5.11 (1980), is consistent with Fed. R. Evid. 104 and Bourjaily v. United States, 483 U.S. 171, 97 L. Ed. 2d 144, 107 S. Ct. 2775 (1987). We conclude that it is not. I