7 defendant of that same offense if you find that he aided and
8 abetted that other person's use or carrying of the destructive
9 device. To convict the defendant you are considering as an
10 aider and abettor on Count 283 or 284, the government must
11 establish that he aided and abetted another person's use or
12 carrying of the destructive device during and in relation to
13 the bombing of the United States Embassy in Nairobi, Kenya,
14 Count 283, or in relation to the bombing of the United States
15 Embassy in Dar es Salaam, Tanzania, Count 284.
16 I caution you, however, that to convict the defendant
17 as an aider and abettor it is not sufficient that you find him
18 to have aided and abetted the underlying violent crime, that
19 is, explosive destruction of federal property.
20 The government may prove the defendant's commission
21 of the crime charged in Count 283 or 284 by showing either he
22 actually committed the crime himself or that he aided and
23 abetted another person's commission of the crime. It is not
24 required that both be established, but neither may be
25 established unless the government has proved the required
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1 elements beyond a reasonable doubt. However, with respect to
2 Count 283, the government only alleges that defendant Odeh
3 acted as an aider and abettor. Therefore, you need not
4 consider whether he personally used or carried a destructive
5 device in connection with Count 5.
6 The special verdict form for Counts 283 and 284
7 appears on pages 41, 42 and 43, and they follow the pattern
8 which we have used with respect to the preceding counts.
9 Ladies and gentlemen, I have now completed my
10 instructions to you concerning the substantive offenses of the
11 indictment arising out of the embassy bombings in Kenya and
12 Tanzania. But before I move on to the third and final group
13 of counts in the indictment, that is, the counts involving
2