DOJ-OGR-00021087.jpg
625 KB
Extraction Summary
5
People
5
Organizations
1
Locations
3
Events
1
Relationships
0
Quotes
Document Information
Type:
Legal document
File Size:
625 KB
Summary
This legal document is a page from a defendant's brief arguing that the court made an error. The defendant contends the court improperly applied the 'Annabi' rule from the Second Circuit to a Non-Prosecution Agreement (NPA) that was negotiated in Florida, which falls under the Eleventh Circuit. The argument is that since the NPA was negotiated with Florida prosecutors in exchange for Epstein's guilty plea in a Florida state court, Eleventh Circuit law should apply instead.
People (5)
| Name | Role | Context |
|---|---|---|
| Annabi |
Referenced as a legal case/rule (Annabi, 771 F.2d at 671) that the court applied.
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| Alessi |
Referenced as a legal case citation (Alessi, 544 F.2d at 1154).
|
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| Papa |
Referenced as a legal case citation (Papa, 533 F.2d at 823-25).
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| Defendant | Defendant |
A party in the legal case who produced evidence and made contentions.
|
| Epstein |
Mentioned in the context of a Non-Prosecution Agreement (NPA) negotiated in exchange for his agreement to plead guilt...
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Organizations (5)
| Name | Type | Context |
|---|---|---|
| USAOs | government agency |
United States Attorney's Offices, which the NPA was allegedly intended to bind.
|
| Second Circuit | judicial body |
The court of appeals from which the 'Annabi' rule originates. The document argues this circuit's law should not apply.
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| Eleventh Circuit | judicial body |
The court of appeals whose law the Defendant contends should apply to the case.
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| Southern District of Florida prosecutors | government agency |
The prosecutors who negotiated the Non-Prosecution Agreement (NPA) in Florida.
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| Florida state court | judicial body |
The court where Epstein agreed to plead guilty as part of the NPA.
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Timeline (3 events)
A Non-Prosecution Agreement (NPA) was negotiated and entered into with Southern District of Florida prosecutors.
Florida
The court applied the 'Annabi' rule to the NPA without conducting a choice-of-law analysis or granting an evidentiary hearing.
Locations (1)
| Location | Context |
|---|---|
|
The location where the Non-Prosecution Agreement (NPA) was negotiated and where Epstein agreed to plead guilty.
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Relationships (1)
The document states that the NPA was negotiated in Florida with Southern District of Florida prosecutors in exchange for Epstein's agreement to plead guilty.
Full Extracted Text
Complete text extracted from the document (1,436 characters)
Case 22-1426, Document 59, 02/28/2023, 3475902, Page40 of 113
other USAOs. See Annabi, 771 F.2d at 671; Alessi, 544 F.2d at 1154; Papa, 533 F.2d at 823-25. That is not the case here; Defendant produced ample evidence that the NPA was intended to bind other USAOs as to possible co-conspirators.
Fourth, at most, Annabi embraces a tiebreaking rule: after the court conducts an evidentiary hearing and receives testimony from the attorneys involved in the plea agreement, if it still cannot decide the agreement’s geographic scope, it may presume that it was limited to a single district. See Annabi, 771 F.2d at 671; Papa, 533 F.2d at 823. The court erred when it applied the Annabi canon without first granting Defendant’s reasonable request for an evidentiary hearing.
For all of these reasons or any of them, the court’s ruling was error.
2. Annabi does not apply because the NPA was negotiated and entered into outside of the Second Circuit
Remarkably, the court applied Annabi to the NPA without conducting a choice-of-law analysis and without addressing Defendant’s contention that Eleventh Circuit law should apply. It did so even though the NPA was negotiated in Florida, with Southern District of Florida prosecutors, in exchange for Epstein’s agreement to plead guilty in Florida state court. As shown below, applying the Second Circuit’s minority Annabi rule in this context was improper and unfair:
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DOJ-OGR-00021087
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