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651 KB
Extraction Summary
2
People
3
Organizations
0
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Court filing / legal opinion (united states district court)
File Size:
651 KB
Summary
This page contains a legal analysis from a court document (Case 1:20-cr-00330, United States v. Ghislaine Maxwell) discussing the legal standards for 'variance' versus 'constructive amendment' of an indictment. It cites Second Circuit precedents (Banki, Rigas, Bastian, Salmonese, etc.) to establish that a defendant must prove substantial prejudice to reverse a conviction based on a variance claim. The text concludes by noting the Defendant is bringing a motion pursuant to Rule 33 to vacate judgment and grant a new trial.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Referred to as 'the Defendant' or 'she' in the text. Identified via Case No. 1:20-cr-00330-AJN.
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| Alison J. Nathan | Judge |
Presiding judge identified by initials 'AJN' in case number 1:20-cr-00330-AJN.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| United States District Court |
Venue of the filing (Case 1:20-cr-00330)
|
|
| Second Circuit Court of Appeals |
Referenced multiple times in case citations (2d Cir.)
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| Department of Justice |
Inferred from Bates stamp DOJ-OGR
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Timeline (1 events)
Relationships (1)
Defendant vs Prosecution in Case 1:20-cr-00330
Key Quotes (4)
"the defendant must show that 'the challenged evidence or jury instructions tied a defendant’s conviction to behavior entirely separate from that identified in the indictment.'"Source
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Quote #1
"a constructive amendment of the indictment is considered to be a per se violation of the grand jury clause, while a defendant must show prejudice in order to prevail on a variance claim."Source
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Quote #2
"when a defendant has sufficient notice of the Government’s theory at trial, she cannot claim that she was unfairly or substantially prejudiced."Source
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Quote #3
"the Court bears in mind that the Defendant brings her motion pursuant to Rule 33"Source
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Quote #4
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