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Case 22-1426, Document ON 305 3536039, Page141 of 217 26 M6SOmaxl 1 with the point, which is we're focusing on the record evidence. 2 The conspiracy as charged requires there be to be a minor 3 involved. Carolyn is not a minor in 2005. Her birthday is 4 January -- I don't know if I can say that, I'm sorry, but you 5 understand it's at the beginning. 6 THE COURT: It's early. 7 MR. EVERDELL: It's early. So as of 2005, she is not 8 a minor any more. So if we're looking to the end date of the g conspiracy that's charged in the indictment, that does not 10 exist in 2005, and Carolyn is not a minor in 2005, that 11 evidence can't be used to support the end date of the 12 conspiracy that is charged. 13 So what we're really talking about is one message pad 14 that is undated, unverified, and not even in evidence. It's 15 not even properly authenticated. I would also point out -- 16 it's not reliable, your Honor. But would also point out that 17 think we did have testimony that there were multiple message 18 pads going on at any one time. The surrounding message pads 19 are not a perfect indicator of when that message would have 20 been taken if it's undated. It could have been weeks, months 21 afterwards that someone decided to use that message pad to take 22 that message instead of another of message pad that was ongoing 23 at the same time. So there is no reliable credibl videnc 24 that's the date of that message pad. 25 And so, your Honor, we cited a number of cases in our SOUTHERN DISTRICT REPORTERS, P.C.eee (212) 805-0300 DOJ-OGR-00021571