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Bastian

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DOJ-OGR-00010394.jpg

This legal document is part of a court filing arguing that the government's summation during a trial did not constructively amend the indictment. The prosecution consistently maintained that the defendant and an associate, Epstein, transported underage girls like "Jane" to New York with the intent for them to be sexually abused there. The defense counters that a jury note suggests the conviction was based on intent for activity in New Mexico, not New York, and that the court erred by not providing a supplemental instruction to clarify this point.

Legal document
2025-11-20
Analysis Source

DOJ-OGR-00010389.jpg

This legal document, part of a court filing, discusses the legal distinction between a 'constructive amendment' and a 'variance' in a criminal indictment. It cites numerous precedents to argue that for a variance to warrant reversal of a conviction, the defendant must demonstrate 'substantial prejudice'. The document concludes by noting that the Defendant has filed a motion under Rule 33 to vacate the judgment and grant a new trial.

Legal document
2025-11-20
Analysis Source
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