DOJ-OGR-00008347.jpg

Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 37of43 37 LBNAMAXTps 1 activity by having put on evidence of the sexual conduct in New 2 Mexico. 3 MR. ROHRBACH: Yes, your Honor. And we, for the 4 reason —-— 5 THE COURT: [ understand your point, which is whether 6 or not it violated New Mexico law, that witness, in her 7 telling, was under the age of consent in New York, and 8 therefore it goes to the conspiracy to -- the Mann Act 9 conspiracy count. 10 MR. ROHRBACH: Right, yes. 11 THE COURT: [ get it 12 I will absorb this information and propose -- I do 13 think a charge is necessary, but it has to be correct, and it 14 sounds like it may not be entirely correct as written. So I'll 15 propose. 16 MR. EVERDELL: Your Honor, if could just be heard 17 briefly. 18 THE COURT: Sure. 19 MR. EVERDELL: On the point about not being illegal 20 under New Mexico law, this is really an eleventh-hour issue the 21 government is raising. They haven't charged it this way. 22 imagine if they thought this was really a violation of New York 23 law there would be a substantive —- 24 THE COURT: New Mexico law. 25 MR. EVERDELL: I'm sorry. I keep misstating, your SOUTH ERN (212) 805-0300 DISTRICT REPORTERS, P.C. DOJ-OGR-00008347