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Case 1:20-cr-00330-PAE Document 317 Filed 08/13/21 Page9of14
applicable limitations period has not yet run — offenses that by definition are those for which
“other law[s]” of limitation would otherwise bar prosecution. See 18 U.S.C. § 3299. Moreover,
as the Court also explained, not only does this kind of language unambiguously require
retroactivity, it also does not result in any impermissible retroactive effects so long as it does not
revive time-barred claims. Maxwell, 2021 WL 1518675, at *7-8. The Court therefore joins
multiple other district courts in concluding that, like § 3283, § 3299 applies retroactively to
offenses for which the previous limitations period has not yet run. See United States v. Nader,
425 F. Supp. 3d 619, 629 (E.D. Va. 2019); United States v. Pierre-Louis, No. 16 CR 541 (CM),
2018 WL 4043140, at *6 (S.D.N.Y. Aug. 9, 2018); United States v. Vickers, No. 13-CR-128-A,
2014 WL 1838255, at *8 (W.D.N.Y. May 8, 2014); United States v. Sensi, No. 3:08-CR-253
(WWE), 2010 WL 2351484, at *3 (D. Conn. June 7, 2010).
The sex trafficking charges are therefore not time-barred. Regardless of whether it was
the general five-year limitations period in § 3282(a) or the extended limitations period for sexual
abuse of minors in § 3283 that was applicable to Maxwell’s alleged conduct prior to the
enactment of § 3299 in 2006, neither had expired by that date. Thus, as Maxwell does not
contest, § 3299 applies retroactively to the sex trafficking offenses in the indictment and the
Government is permitted to bring those charges without time limitation.
IV. Maxwell’s motion to dismiss count five and either count one or count three as
multiplicitous is premature
In her previous motions, Maxwell argued that either count one or count three of the S1
indictment, the Mann Act conspiracy charges, must be dismissed because the counts are
multiplicitous. In the Court’s April 16, 2021 Opinion & Order, the Court joined many other
courts in this Circuit holding that pretrial motions of this sort are premature in light of United
States v. Josephberg, 459 F.3d 350, 355 (2d Cir. 2006), and the Court dismissed without
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Document Details
| Filename | DOJ-OGR-00004983.jpg |
| File Size | 740.9 KB |
| OCR Confidence | 94.9% |
| Has Readable Text | Yes |
| Text Length | 2,163 characters |
| Indexed | 2026-02-03 16:55:17.525228 |