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be NO Ww ws Oo OY ~] oO Ke) a oO he be No (ee) = Hs Oo _ OY a ~] a oO a Ke} 20 21 22 23 24 25 Case 1:20-cr-00330-PAE M6SQmaxl Document 737 To some extent, post conspiracy conduct, and like to ask you to draw my attention t record specifically speaks to November MS. MOE: Yes, your Honor. As a threshold matter, that the case law is that the question Filed 07/22/22 the government points, that concerns me. Page 22 of 101 22 I think, to And so I would o what in the trial 2004. and December of the government's understanding is what is the end date @) f the conspiracy. In other words, 3 taking actions periodically over time, What the last date of the conspiracy? establish about the final date? the conspirators are the question is what is does the trial evidence And here the trial evidence was that the conspiracy was ongoing through all of 2004 and into 2005. THE COURT: relying on post conspiracy evidence. MS. MOE: No, your Honor. We Ez But to make that point, I think you're ‘re relying on evidence that exceeds the date in the indictmen THE It exceeds also COURT: birthday. And so it's not just what MS. MOE: Yes, your Honor. t, but it -- the date of Carolyn's 18th the indictment charges -- THE here on Carolyn being under 18 that's why I not only because it goes past what COURT: see wh -—- but by a conspiracy that is dependent for its continuation. And so at you're pointing to as post conspiracy, because [ think legally you're poin SOUTH ERN D STRICT REPORTERS, P.C. (212) 805-0300 the indictment charged, but ting to non-conspiracy DOJ-OGR-00011541