Extracted Text
12a
cabined to their specific district unless otherwise
directed.'®
In short, Annabi controls the result here. Nothing in
the text of the NPA or its negotiation history suggests
that the NPA precluded USAO-SDNY from prosecut-
ing Maxwell for the charges in the Indictment. The
District Court therefore correctly denied Maxwell’s
motion without an evidentiary hearing.
2. The Indictment Is Timely
Maxwell argues that Counts Three and Four of the
Indictment are untimely because they do not fall
within the scope of offenses involving the sexual or
physical abuse or kidnapping of a minor and thereby
do not fall within the extended statute of limitations
provided by § 3283." Separately, Maxwell contends
that the Government cannot apply the 2003 amendment
to § 3283 that extended the statute of limitations to
1 This does not suggest that there are no instances in which a
US. Attorney's powers do not extend beyond their districts. For
instance, under 28 U.S.C. § 515 a U.S. Attorney can represent the
Government or participate in proceedings in other districts, but
only when specifically directed by the Attorney General:
The Attorney General or any other officer of the
Department of Justice, or any attorney specially
appointed by the Attorney General under law, may,
when specifically directed by the Attorney General,
conduct any kind of legal proceeding ... which United
States attorneys are authorized by law to conduct,
whether or not he is a resident of the district in which
the proceeding is brought.
% 18 U.S.C. § 3283 provides: “[n]o statute of limitations that
would otherwise preclude prosecution for an offense involving the
sexual or physical abuse, or kidnaping, of a child under the age of
18 years shall preclude such prosecution during the life of the
child, or for ten years after the offense, whichever is longer.”
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