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Case 1:20-cr-00330-PAE Document657_ Filed 04/29/22 Page8of45 met its burden of proving by a preponderance of the evidence that the counts are not multiplicitous. The offenses charged and common objectives. Both Counts Three and Five are charged under the same statute, 18 U.S.C. § 371, for conspiracy to commit an offense against the United States. But going beyond this “general level” of similarity, the statutory objectives of the two counts differ. Macchia, 35 F.3d at 669. Count Three is a conspiracy to violate § 2423(a) and Count Five a conspiracy to violate § 1591. These differing statutory objectives entail legal differences. Count Three, for example, charges unlawful sexual activity (defined as sexual touching of a minor) while Count Five charges commercial sexual activity with a minor. And each provision defines “minor” differently: under seventeen years old for Count Three but under eighteen years old for Count Five. Further, Count Three requires an agreement with intent to transport across state lines, while Count Five’s agreement requires only intent of sexual activity that affects interstate commerce. These differences push the first Korfant factor in the Government’s favor. See Estrada, 320 F.3d at 182 (distinguishing between a conspiracy to distribute cocaine and one to distribute crack); United States v. Villa, No. 3:12-CR-40 (JBA), 2014 WL 252013, at *4 (D. Conn. Jan. 22, 2014), aff'd, 744 F. App’x 716 (2d Cir. 2018) (summary order) (distinguishing between a § 371 conspiracy to “commit theft from an interstate shipment and to transport stolen property across state lines” and one to “sell stolen property”). The Government, however, errs in suggesting that this factor alone is “fatal” to the Defendant’s multiplicity claim. Gov. Br. at 29. To the contrary, no single Korfant factor is dominant or dispositive. Macchia, 35 F.3d at 668. And courts in this district have found two conspiracy counts to be the same offense even when they have different statutory objectives because both counts can arise from the same agreement. F.g., Hernandez, 2009 WL 3169226, at DOJ-OGR-00010374