Gasse2271 4226 Doconneen tl 0971 10901722044 3866886 / Faagd 2606646 1. The District Court did not err in holding that Epstein’s NPA with USAO-SDFL did not bar Maxwell’s prosecution by USAO- SDNY. 2. The District Court did not err in holding that the Indictment was filed within the...

Gasse2271 4226 Doconneen tl 0971 10901722044 3866886 / Haagd2B506646 where much of the abuse occurred and where Kellen worked.**° We therefore hold that the District Court did not err in applying the leadership enhancement. With respect to the length of the sentence, the District Court properly discussed the sentencing factors when...

Gasse2271 4226 Doconneen tl 0971 10901722044 3866886 / Faags 2606646 statute as it is written.” If the statute “is ambiguous or contains no express command regarding retroactivity, a reviewing court must determine whether applying the statute to antecedent conduct would create presumptively impermissible retroactive effects.” Here, the inquiry is straightforward. In...

Gasse22714226 Doccnneen tl 0971 10901722044 3866886 / Haags4106646 offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed." The only language in the NPA that speaks to the agreement’s scope is limiting language. The negotiation...

Gasse22714226 Doconneen tl 0971 10901722044 3866886 / Haag 306646 “materially different” from the allegations in the Indictment. The evidence indicated that Maxwell transported Jane to New York for sexual abuse and conspired to do the same. Maxwell knew that the evidence also included conduct in New Mexico.*? Furthermore, Maxwell cannot demonstrate...

Gasse22714226 Doconneen tl 0971 10901722044 3866886 / Aaagd4106646 likelihood that the defendant may have been convicted of an offense other than that charged in the indictment.”*° A constructive amendment requires reversal.*° We cannot conclude that a constructive amendment resulted from the evidence presented by the Government—namely, Jane’s testimony—or...

Gasse22714226 Doccnneen tl 0971 10901722044 3866886 / Haag 1806646 broad discretion to decide Rule 33 motions based upon its evaluation of the proof produced” and is shown deference on appeal.” A Rule 33 motion based on a juror’s alleged erroneous response during voir dire is governed by McDonough Power Equipment...

Gasse2271 4226 Doconneen tl 0971 10901722044 3866886 / Faagd 7406646 We review a sentence for both procedural and substantive reasonableness, which “amounts to review for abuse of discretion.” 2 We have explained that procedural error is found when a district court “fails to calculate (or improperly calculates) the Sentencing Guidelines range...

Gasse22714226 Doconneen tl 0971 10901722044 3866886 / Faags6306646 the actions and the duties of the U.S. Attorneys would be limited to their own districts, absent any express exceptions. Since 1789, while the number of federal districts has grown significantly, the duties of a U.S. Attorney and their scope remain...

Gasse22714226 Doccnneen tl 0971 10901722044 3866886 / Faagd 2006646 Maxwell subsequently filed a letter seeking reconsideration of the District Court’s response, claiming that this response resulted in a constructive amendment or prejudicial variance. The District Court declined to reconsider its response and denied Maxwell’s motion. Maxwell appeals the District...

Gasse22714226 Doccnneen tl 0971 10901722044 3866886 / HaagdB 206646 a violation of New York law.”* It is therefore not “uncertain whether [Maxwell] was convicted of conduct that was the subject of the grand jury’s indictment.” # We also cannot conclude that the evidence at trial prejudicially varied from the Indictment. To...

Gasse22714226 Doccnneen tl 0971 10901722044 3866886 / Aaags7406646 Indictment. The District Court therefore correctly denied Maxwell’s motion without an evidentiary hearing. 2. The Indictment Is Timely Maxwell argues that Counts Three and Four of the Indictment are untimely because they do not fall within the scope of offenses involving the...

Gasse2271 4226 Doconneen tl 0971 10901722044 3866886 / Faags206646 the United States Attorney(s) in each affected district and/or the Assistant Attorney General of the Criminal Division. Nothing before us indicates that USAO-SDNY had been notified or had approved of Epstein’s NPA with USAO-SDFL and intended to...

Gasse22714226 Doccnneen tl 0971 10901722044 3866886 / Haagd 2906646 enough; the District Court did not abuse its discretion in denying Maxwell’s motion for a new trial.*4 4. The District Court’s Response to a Jury Note Did Not Result in a Constructive Amendment of, or Prejudicial Variance from, the...

Gasse2271 4226 Doconneen tl 0971 10901722044 3866886 / Faagd0/06646 3. The District Court Did Not Abuse Its Discretion in Denying Maxwell’s Motion for a New Trial Maxwell contends that she was deprived of her constitutional right to a fair and impartial jury because Juror 50 failed to accurately respond...

Gasse2271 4226 Doconneen tl 0971 10901722044 3866886 / FaagS 8506646 approach as opposed to a “categorical approach.”*? We see no reason to depart from our reasoning in Weingarten. Accordingly, the question presented here is whether the charged offenses involved the sexual abuse of a minor for the purposes of § 3283 based...

Gasse2271 4226 Doccnneen tl 0971 10901722044 3866886 / FaagSB00b646 contemplates a broader restriction.”" And while Maxwell contends that we cannot apply Annabi to an agreement negotiated and executed outside of this Circuit, we have previously done just that.’* Applying Annabi, we conclude that the NPA did not bar Maxwell’s prosecution...