DOJ-OGR-00017327.jpg

Case 1:20-cr-00330-PAE LCRVMAXT 1 instruction. Clearly they are making an error concerning which 2 state begins with "New." And I suggest that if 3 wishes to refer them to the charge, the Court al 4 the fact that Count Four requires a violation of 5 not New Mexico law. 6 THE COURT: That's certainly why we should refer them 7 to the whole charge. That's what lines 7 through 10 make 8 clear. 9 MS. MOE: Yes, your Honor. 10 The only illegal sexual activity identified in the 11 entirety of the jury charge is a statute in New York. 12 cannot be any risk of confusion on that score. 13 charge reminds the jury of that and includes that language as 14 well. The jury has not been charged about 15 Mexico; so there can't be any risk of confusion 16 that reason. 17 MR. EVERDELL: just don't understand the confidence 18 about how there can be no possible confusion -- 19 THE COURT: This conversation is stopping. 20 My decision is to refer them back 21 because it is a proper instruction on the second element to 22 Count Four. I do not know what this question means. 23 difficult to parse factually and legally what they're asking. 24 So the only option in those circumstances is to direct them 25 back to the count. SOUTHERN DISTRICT REPORTERS, P.C. (212%) 805-0220 Document 773 Filed 08/10/22 Page 23 of 29 the Court so clears up fF New York law, There This particular 3140 t any laws in New for exactly to this charge, It's too DOJ-OGR-00017327