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Case 1:20-cr-00330-AJN Document 765 Filed 08/10/22 Page 37 of 95 2775 LCI1MAX1 1 they can convict based on the illegal sexual activity as it 2 relates to Kate and as it relates to Annie. Annie only relates 3 to the conspiracy counts, at least as to these Mann Act 4 charges, and the jury is going to be instructed here that the 5 relevant illegal sexual activity has to be the violation of the 6 New York offense. So again, there's no risk that the jury will 7 think that the sexual contact that happened in New Mexico is 8 something that on its own is sufficient to show the illegal 9 sexual activity required by the statute. So, here, in the full 10 set of instructions, there's no need for an additional 11 instruction, especially on top of the fact that the Court has 12 already given these limiting instructions to the jury. 13 THE COURT: All right. I agree with that. 14 MR. EVERDELL: Well, your Honor, there's one other 15 issue, which is the part that's not in the typewritten 16 instruction I handed you, which is the fact that Jane testified 17 about traveling to New Mexico at various times in her 18 testimony. And there was I think one trip she may have said 19 she was under the age of 16, which -- 15 or 16 think is what 20 she said as to that trip, which we believe is the actual legal 21 age of consent in New Mexico; but she also testified about 22 other travel to New Mexico, where events took place, where 23 sexual contact took place, and so I think with respect to that, 24 we are going to need some kind of instruction to the jury that 25 if she's above the age of consent in New Mexico, that can't be SOUTHERN D STRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00016963