Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 Page4of8 The Government has proffered a number of exhibits that it apparently intends to introduce at trial. It is difficult to assess the admissibility of some of the exhibits pretrial. Others, however, such as the ones described below...

...Rubbo, 396 F.3d 1330 (11th Cir. 2005)................. 15 United States v. Transfiguracion, 442 F.3d 1222 (9th Cir. 2006)................... 16 United States v. Van Thournout, 100 F.3d 590 (8th Cir. 1996)... 10, 14 United States v. Warner, 820 F.3d 678 (4th Cir. 2016)................0000 14 United States...

...10/29/2021) 10/29/2021 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 EI Brillo Way on October 20, 2005. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 MOTION in Limine to Suppress Identification. Document...

Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 Page5of8 Government Exhibit 313 purports to be a photograph of Ms. Maxwell, purportedly seized from a DVD disk in a binder found on a shelf in Jeffrey Epstein’s house when it was searched in 2019. There is...

...Alcantara, 396 F. 3d 189, 194-95 (2d Cir. 2005) (describing the “qualified First Amendment right to attend trials”). It is well settled that the names of certain categories of trial witnesses can be withheld from DOJ-OGR-00011233

...The 2005 Guidelines assigned CVRA-related obligations to prosecutors only after the initiation of federal charges. Specifically, the 2005 Guidelines stated that during the “prosecution stage,” the “responsible official” should make reasonable efforts to notify identified victims of, 396 2005 Guidelines, Foreword. 397 Nevertheless, the portion of the VRRA referenced...

...2d 396, 399-400 (S.D.N.Y. 2005). Here, “there is no evidence before the Court as to what [the deceased witness] would have testified, much less specific evidence of how losing that testimony has caused [the defendant] actual prejudice.” Jd. at 400. Further, unless Epstein’s mother was...

Case 1:20-cr-00330-PAE Document 396 Filed 10/29/21 Page6of8 from proof specific to the offense charged.” Old Chief v. United States, at 180. Federal Rule of Evidence 403 provides that “[a]lthough relevant, evidence may be excluded if its probative value is substantially outweighed by the...

...Sash, 396 F.3d 515 (2d Cir. 2005). Commentary 19 cited by the defendant simply provides policy rationale for a 20 particular enhancement. It does not purport to interpret the 21 Guidelines and so is not binding. Nor can scattered 22 legislative history override the clear text of the Guidelines...

...Sash, 396 F.3d 515 (2d Cir. 2005). Commentary 19 cited by the defendant simply provides policy rationale for a 20 particular enhancement. It does not purport to interpret the 21 Guidelines and so is not binding. Nor can scattered 22 legislative history override the clear text of the Guidelines...

...Sash, 396 F.3d 515 (2d Cir. 2005). Commentary 19 cited by the defendant simply provides policy rationale for a 20 particular enhancement. It does not purport to interpret the 21 Guidelines and so is not binding. Nor can scattered 22 legislative history override the clear text of the Guidelines...

...Sash, 396 F.3d 515 (2d Cir. 2005). Commentary 19 cited by the defendant simply provides policy rationale for a 20 particular enhancement. It does not purport to interpret the 21 Guidelines and so is not binding. Nor can scattered 22 legislative history override the clear text of the Guidelines...

...Rubbo, 396 F.3d 13830, 13834 (11th Cir. 2005). See Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts at 69 (2012) (“The ordinary meaning rule is the most fundamental semantic rule of interpretation.”) It should be beyond reasonable dispute that the ordinary meaning of the term...

...2d 396, 399-400 (S.D.N.Y. 2005). The Court agrees with this approach. Maxwell provides no indication of what many of these potential witnesses might have testified to. The testimony she suggests the detective might have offered—that witnesses in the Palm Beach investigation did not identify Maxwell...

...379 (1993) and Request for Daubert Hearing., 396 MOTION in Limine fo Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606., 390 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources., 389 MOTION in Limine to Exclude Evidence of Alleged False...

...379 (1993) and Request for Daubert Hearing., 396 MOTION in Limine fo Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606., 390 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources., 389 MOTION in Limine to Exclude Evidence of Alleged False...

...381, 396 (2d Cir. 2005) (quoting Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152 (1999)). “To decide ‘whether a step in an expert’s analysis is unreliable, the district court should undertake a rigorous examination of the facts on which the expert relies, the method by which the...

...381, 396 (2d Cir. 2005) (quoting Kumho Tire Co. v. Carmichael, 526 U.S. 137, 152 (1999)). “To decide ‘whether a step in an expert’s analysis is unreliable, the district court should undertake a rigorous examination of the facts on which the expert relies, the method by which the...

...2d 396, 399-400 (S.D.N.Y. 2005) (“Counsel’s unsworn assertions as to vague generalities” that witnesses, “if alive, would give testimony helpful to [the defendant] do not show that [the defendant’s] ability to present a defense has been substantially and actually prejudiced.”). Here, “there is no...

...Sash, 396 F.3d 515, 523 (2d Cir. 2005); see Def. Mem. 14 (“The government ignores the background commentary to §4B1.5 ... .” (emphasis added)). Background commentary, which “merely provides . . . reasons underlying promulgation of the guideline,” is not binding. /d. (internal 33 DOJ-OGR-00010570

...City of New York, 414 F.3d 381, 396 n.11 (2d Cir. 2005). “Expert testimony which does not relate to any issue in the case is not relevant and, ergo, non-helpful.” Daubert, 509 U.S. at 591 (internal quotation marks omitted). The party that proffers the testimony bears...

...Alcantara, 396 F.3d 189, 199 (2d Cir. 2005) (“[A] qualified First Amendment right of public access attaches to sentencing proceedings.”); United States v. Sours Edwards, No. 1:19-CR-64 (GHW), 2022 WL 1158561, at *2 (S.D.N.Y. Apr. 18, 2022) (“[These documents] are judicial documents. They...

...Yonkers Sav. & Loan Ass’n, 396 F.3d 178 (2d Cir, 2005) oo... ceeeeeseseeeesseeenneceeeeseeesacecsaeeseessneesaeesaeeaeeeseeesaeessaeenteeeeneeeaees 143 Franks v. Delaware, A388 U.S. 154 (1978) ooo eececeeeceeeeeseeecneeenseeeeneesaeecaeenseeeeneesaeecaeeeeeseneesanersaeees 166, 169, 170, 171 Gatto, 17 Cr. 686 (LAK) ....eceeceeeceessceceeeceseeeseeeseeecsaeceaeeesneesneessaecnaeesseessaeesaeecaeesseeseneesaeeenaeeseeeeeneeeaees 275 Golino v. City of New Haven, OSU Paid BG: (2a Cie, POF) ccesmcnmoanen sxememenaoe...

...2d 396, 399-400 (S.D.N.Y. 2005). The Court agrees with this approach. Maxwell 17 DOJ-OGR-00003691

...Yonkers Sav. & Loan Ass’n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant’s Fifth Amendment claim fails because she has not demonstrated state action. Boies Schiller is not an agent of the Government and has not been at any time during...