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Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page62 of 93
49
contact with a child. Counts Three and Four each have
an “essential ingredient” that fits within that broad
definition. See supra Point II.B.2.a.
Finally, neither Dieh! nor United States v. Coun-
tentos, 651 F.3d 809 (8th Cir. 2011), supports the use
of a categorical approach. (Br.51-52). In each decision,
the court concluded that Section 3283 applied to the
subject offenses without considering the specific facts
of the crime, but in neither case did the court consider
whether a categorical approach was required—let
alone hold that it was.
As noted above, it is undisputed that the evidence
at trial established that Maxwell’s commission of
Counts Three and Four involved completed sex acts
abusing one or more minor victims: Jane testified that
she was in fact sexually abused when transported
across state lines, including to New York, as a minor.
Accordingly, Counts Three and Four qualify as of-
fenses involving the sexual abuse of a child both by
their statutory terms and based on the specific facts of
this case.
POINT Ill
The District Court Did Not Abuse Its Discretion in
Concluding that Juror 50 Could Be Fair and
Impartial Notwithstanding His Inadvertent
Mistakes on His Juror Questionnaire
Maxwell contends that she was denied her right to
a fair and impartial jury because a juror failed to dis-
close during voir dire that he was sexually abused as a
child, and therefore incorrectly answered three
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021709.jpg |
| File Size | 608.5 KB |
| OCR Confidence | 94.8% |
| Has Readable Text | Yes |
| Text Length | 1,509 characters |
| Indexed | 2026-02-03 20:16:16.770673 |