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2a
§ 2423(a); and sex trafficking of a minor in violation of
18 U.S.C. § 1591(a) and (b)(2). She was principally
sentenced to concurrent terms of imprisonment of 60
months, 120 months, and 240 months, respectively, to
be followed by concurrent terms of supervised release.
On appeal, the questions presented are whether
(1) Jeffrey Epstein’s Non-Prosecution Agreement with
the United States Attorney’s Office for the Southern
District of Florida barred Maxwell’s prosecution by
the United States Attorney’s Office for the Southern
District of New York; (2) a second superseding indict-
ment of March 29, 2021, complied with the statute of
limitations; (3) the District Court abused its discretion
in denying Maxwell’s Rule 33 motion for a new trial
based on the claimed violation of her Sixth Amend-
ment right to a fair and impartial jury; (4) the District
Court’s response to a jury note resulted in a construc-
tive amendment of, or prejudicial variance from, the
allegations in the second superseding indictment; and
(5) Maxwell’s sentence was procedurally reasonable.
Identifying no errors in the District Court’s conduct
of this complex case, we AFFIRM the District Court’s
June 29, 2022, judgment of conviction.
ANDREW ROHRBACH, Assistant United States Attorney
(Maurene Comey, Alison Moe, Lara Pomerantz, Won S.
Shin, Assistant United States Attorneys, on the brief),
for Damian Williams, United States Attorney for the
Southern District of New York, New York, NY, for
Appellee.
DIANA FABI SAMSON (Arthur L. Aidala, John M.
Leventhal, on the brief), Aidala Bertuna & Kamins PC,
New York, NY, for Defendant-Appellant.
DOJ-OGR-00000065