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Case 22-1426, Document 121-2, 12/02/2024, 3637741, Page4 of 26
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
Case 22-1426, Document 121-2, 12/02/2024, 3637741, Page2 of 26
Defendant Ghislaine Maxwell appeals her June 29, 2022,
judgment of conviction in the United States District Court for the
Southern Distr
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
s
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
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 th
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
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
am
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 Re
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 Tim
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 execute
Case 22-1426, Document 109-11 08/1/20D2436884887P Faee® of 26
District Court imposed a $750,000 fine and a $300 mandatory special
assessment. This appeal followed.
II. DISCUSSION
1. The NPA Between
Case 22-1426, Document 109-11 08/1/20D2436889887P FeeeS af 26
Statutes § 796.07,7 and to one count of solicitation of minors to engage
in prostitution, in violation of Florida Statutes § 796.03.° He
Case 22-1426, Document 109-11 08/1/20D243G829887P FeeeS af 26
Indictment. Lastly, we hold that Maxwell’s sentence is procedurally
reasonable.
Accordingly, we AFFIRM the District Court’s June 29, 20
Case 22-1426, Docunmemt 109-11 08/1/2OD2 43 GRGE8S /P Basa of 26
of three years, three years, and five years, respectively. The District
Court also imposed a fine of $250,000 on each count for a tota
Case 22-1426, Document 10911 09/1/2222 436838087? age 22 aff 26
Defendant Ghislaine Maxwell appeals her June 29, 2022,
judgment of conviction in the United States District Court for the
Southern Dist
Case 22-1426, Document 117, 11/01/2024, 3636586, Page20 of 51
Id. Here, the USAO-SDNY charged Appellant under Count Six with conduct from
2001 through 2004 that falls entirely within the 2001-2007 of
Case 22-1426, Document 117, 11/01/2024, 3636586, Page18 of 51
immunity by “the United States” is to be construed against the defendant—binding
just one USAO rather than the Government as a whole, “un
Case 22-1426, Document 117, 11/01/2024, 3636586, Page19 of 51
doctrinally flawed, expanding it into “new...context[s]’ would be “a disfavored
judicial activity”) (quoting Ziglar v. Abbasi, 137 S. Ct.
Case 22-1426, Document 117, 11/01/2024, 3636586, Page17 of 51
appropriate circumstances, be invoked to estop the United States...”); U.S. v.
Harvey, 791 F.2d 294, 303 (4th Cir. 1986) (“Whenever a Uni
Case 22-1426, Document 117, 11/01/2024, 3636586, Page16 of 51
one USAO is presumed not to bind other USAOs.* To the contrary, the weight of
authority holds that a representation by the United States
Case 22-1426, Document 117, 11/01/2024, 3636586, Page15 of 51
affirmative appearance of doing so. Papa does not explain or attempt
to rationalize the rule that has evolved.
294 F.3d at 547-48 (brack
Case 22-1426, Document 117, 11/01/2024, 3636586, Page14 of 51
adding, ‘“[a] plea agreement binds only the office of the United States Attorney for
the district in which the plea is entered unless it
Case 22-1426, Document 117, 11/01/2024, 3636586, Page13 of 51
In Annabi, the defendants were charged under a three-count indictment in the
EDNY with conspiring to import, importing, and possessing he
Case 22-1426, Document 117, 11/01/2024, 3636586, Page12 of 51
interviewing Epstein’s lawyers. Notably, the prosecutors could not recall why the
clause had been added, much less who it was meant to im
Case 22-1426, Document 117, 11/01/2024, 3636586, Page11 of 51
potential co-conspirators of Epstein, including but not limited to [four
named individuals].
A178.
A unanimous panel of this Court appl
Case 22-1426, Document 117, 11/01/2024, 3636586, Page9 of 51
limitation were negotiated. SA78. Relying on the NPA, Epstein pled guilty in state
court on June 30, 2008, and fulfilled all his promises.
Case 22-1426, Document 117, 11/01/2024, 3636586, Page of 51
ISSUE PRESENTED
Whether the canon of construction adopted by the Second Circuit in Annabi,
whereby perceived ambiguities in the scope of im
Case 22-1426, Document 117, 11/01/2024, 3636586, Page/ of 51
provisions against the government, which drafted the agreement and enjoys
unequal bargaining power in the sentencing process.”’).
The Cou
Case 22-1426, Document 117, 11/01/2024, 3636586, Page6 of 51
INTRODUCTION AND RULE 35(B)(1) STATEMENT
En Banc may be ordered when, as here, the panel decision was based on a
decision of this Court t
Case 22-1426, Document 117, 11/01/2024, 3636586, Page2 of 51
TABLE OF CONTENTS
TABLE OF AUTHORITIES .00. cece ee ceseeceesaeeecsseeecnsaaeeeesaeeeenas
INTRODUCTION AND RULE 35(B)(1) STATEMENT .....
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page26 of 26
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
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page23 of 26
“materially different” from the allegations in the Indictment. The
evidence indicated that Maxwell transported Jane to New York for
sex
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page22 of 26
a violation of New York law.”* It is therefore not “uncertain whether
[Maxwell] was convicted of conduct that was the subject of the gr
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page20 of 26
Maxwell subsequently filed a letter seeking reconsideration of the
District Court’s response, claiming that this response resulted in a
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page21 of 26
likelihood that the defendant may have been convicted of an offense
other than that charged in the indictment.”*° A constructive
amend
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page19 of 26
enough; the District Court did not abuse its discretion in denying
Maxwell’s motion for a new trial.*4
4. The District Court’s Respon
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page14 of 26
Indictment. The District Court therefore correctly denied Maxwell’s
motion without an evidentiary hearing.
2. The Indictment Is Timely
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page10 of 26
contemplates a broader restriction.”" And while Maxwell contends
that we cannot apply Annabi to an agreement negotiated and executed
ou
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page9 of 26
District Court imposed a $750,000 fine and a $300 mandatory special
assessment. This appeal followed.
II. DISCUSSION
1. The NPA Betwee
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page6 of 26
Statutes § 796.07,7 and to one count of solicitation of minors to engage
in prostitution, in violation of Florida Statutes § 796.03.° He
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page4 of 26
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
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page5 of 26
Indictment. Lastly, we hold that Maxwell’s sentence is procedurally
reasonable.
Accordingly, we AFFIRM the District Court’s June 29, 2
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page2 of 26
Defendant Ghislaine Maxwell appeals her June 29, 2022,
judgment of conviction in the United States District Court for the
Southern Distr
Case 22-1426, Document 87, 07/27/2023, 3548202, Page33 of 35
1892. But Kimberly Espinoza did. /d. In fact, according to Espinoza, by the time
Kellen began working for Epstein in 2001-2002, Ms. Maxwel
Case 22-1426, Document 87, 07/27/2023, 3548202, Page16 of 35
agreement. SA100, SA105 fn.122. However, that language, limiting co-conspirator
immunity to the Southern District of Florida, was removed
Case 22-1426, Document 87, 07/27/2023, 3548202, Page12 of 35
& Indemn. Co., 37 N.Y.2d 211, 219 (N.Y. 1975). And, as the court stated in Florida
West, a plea agreement is enforceable by a third party
Case 22-1426, Document 87, 07/27/2023, 3548202, Page13 of 35
U.S. Attorney’s Office investigation, and any offenses that arose from the related
grand jury investigation.”); cf. Florida West, 853 F.Su
Case 22-1426, Document 87, 07/27/2023, 3548202, Page11 of 35
prosecution agreements differently from other contracts. If anything, Second Circuit
precedent strongly suggests that courts may depart fr
Case 22-1426, Document 87, 07/27/2023, 3548202, Page10 of 35
See U.S. v. Stolt-Nielsen, 524 F.Supp.2d 609, 613-14, 620-23, 628 (E.D. Pa. 2007)
(dismissing indictment against Stolt-Nielsen’s “director
Case 22-1426, Document 87, 07/27/2023, 3548202, Page9 of 35
F.2d 603 (2nd Cir. 1979) (standing for the proposition that there can be a third-party
beneficiary of a plea bargain of another). The NPA,