DOJ-OGR-00000066.tif

3a JOSE A. CABRANES, Circuit Judge: Defendant Ghislaine Maxwell appeals her June 29, 2022, judgment of conviction in the United States District Court for the Southern District of New York (Alison J. Nathan, Judge). Maxwell was convicted of conspiracy to transport minors with intent to engage in criminal sexual activity in violation of 18 U.S.C. § 371; transportation of a minor with intent to engage in criminal sexual activity in violation of 18 U.S.C. § 2423(a); and sex trafficking of a minor in violation of 18 U.S.C. § 1591(a) and (b)(2). The District Court imposed concurrent terms of imprisonment of 60 months, 120 months, and 240 months, respectively, to be followed by concurrent terms of supervised release of three years, three years, and five years, respectively. The District Court also imposed a fine of $250,000 on each count for a total of $750,000. On appeal, the questions presented are (1) whether Jeffrey Epstein’s Non-Prosecution Agreement (“NPA”) with the United States Attorney’s Office for the Southern District of Florida (““USAO-SDFL’) barred Maxwell’s prosecution by the United States Attorney’s Office for the Southern District of New York (““USAO-SDNY”); (2) whether Maxwell’s second superseding indictment of March 29, 2021 (the “Indictment”) complied with the statute of limitations; (3) whether the District Court abused its discretion in denying Maxwell’s Rule 33 motion for a new trial based on the claimed violation of her Sixth Amendment right to a fair and impartial jury; (4) whether the District Court’s response to a jury note resulted in a constructive amendment of, or prejudicial variance from, the allegations in the Indictment; and (5) whether Maxwell’s sentence was procedurally reasonable. DOJ-OGR-00000066