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Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page41 of 93
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identifies no evidence that the Department of Justice
made any promises not contained in the NPA.” (A.142-
43). Here, as below, Maxwell’s further request for a
hearing “rests on mere conjecture.” (A.145). Judge Na-
than did not abuse her discretion.
POINT Il
The District Court Correctly Concluded that the
Charges Were Timely
In 2003, Congress extended the statute of limita-
tions for “offense[s] involving the sexual or physical
abuse” of a minor to allow prosecution so long as the
victim remains alive. 18 U.S.C. § 3283. Attempting to
undermine the clear legislative intent, Maxwell argues
that the amendment did not apply to her case because
her crimes both pre-dated the amendment and did not
involve sexual abuse. These arguments fly in the face
of the statutory text, legislative history, this Court’s
own decisions, and the persuasive authority of other
Circuits. The charges fell squarely within the amended
statute of limitations, and this Court should affirm
Judge Nathan’s well-reasoned decisions denying Max-
well’s motions to dismiss the charges as untimely.
A. Applicable Law
1. Standard of Review
This Court reviews de novo both the denial of a mo-
tion to dismiss an indictment and the application of a
statute of limitations. United States v. Sampson, 898
F.3d 270, 276, 278 (2d Cir. 2018).
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021688.jpg |
| File Size | 577.7 KB |
| OCR Confidence | 95.0% |
| Has Readable Text | Yes |
| Text Length | 1,400 characters |
| Indexed | 2026-02-03 20:16:02.841457 |