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3a
JOSE A. CABRANES, Circuit Judge:
Defendant Ghislaine Maxwell appeals her June 29,
2022, judgment of conviction in the United States
District Court for the Southern District of New York
(Alison J. Nathan, Judge). Maxwell was convicted of
conspiracy to transport minors with intent to engage
in criminal sexual activity in violation of 18 U.S.C.
§ 371; transportation of a minor with intent to engage
in criminal sexual activity in violation of 18 U.S.C.
§ 2423(a); and sex trafficking of a minor in violation
of 18 U.S.C. § 1591(a) and (b)(2). The District Court
imposed concurrent terms of imprisonment of 60
months, 120 months, and 240 months, respectively, to
be followed by concurrent terms of supervised release
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 of $750,000.
On appeal, the questions presented are (1) whether
Jeffrey Epstein’s Non-Prosecution Agreement (“NPA”)
with the United States Attorney’s Office for the Southern
District of Florida (““USAO-SDFL”) barred Maxwell’s
prosecution by the United States Attorney’s Office for
the Southern District of New York (““USAO-SDNY”);
(2) whether Maxwell’s second superseding indictment
of March 29, 2021 (the “Indictment”) complied with the
statute of limitations; (3) whether 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 Amendment right to a fair and impartial
jury; (4) whether the District Court’s response to a jury
note resulted in a constructive amendment of, or
prejudicial variance from, the allegations in the
Indictment; and (5) whether Maxwell’s sentence was
procedurally reasonable.
DOJ-OGR-00000066