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Case 1:19-cr-00490-RMB Document 36 Filed 07/24/19 Page 39 of 74 39 1 The prosecutor, the DA's office, and the defense 2 joining together in making such an application is very unusual 3 [ think is what she said. And then on appeal, I think it was 4 affirmed 5 to 0 actually. They sit on panels of five. So 5 was surprised. 6 MR. WEINBERG: t was, to my recollection, a legal 7 issue about whether or not the premise for a classification 8 decision should be the offense of conviction which would have 9 been consistent with a tier 1 or the overall investigation as 10 reflected by a probable cause affidavit that ultimately six 11 judges, the five on the appellate division and one on the 12 Supreme Court, believed was the appropriate barometer of sex 13 offender registration. 14 What's important is that Mr. Epstein has complied with 15 the registration imperatives of each state of his residence. 16 He's got the unusual circumstance of having multiple 17 residences. 18 His principal residence is the Virgin Islands which 19 has him at a tier 1 or the lowest level of classification. New 20 Mexico he tried to register, and my understanding is that they 21 said that his nexus to the state did not require further 22 registration because his travels, his daily occurrences, wer 23 being monitored by his principal residences. 24 THE COURT: That goes back to the question I have, but 25 befor get there, we've gone far along. Normally by this SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00000549