Extracted Text
15a
limitations that would otherwise preclude prosecution
of these offenses will apply—plainly requires that it
prevent the application of any statute of limitations
that would otherwise apply to past conduct.
The statutory text makes clear that Congress
intended to extend the time to bring charges of sexual
abuse for pre-enactment conduct as the prior statute
of limitations was inadequate. This is enough to
conclude that the PROTECT Act’s amendment to
§ 3283 applies to Maxwell’s conduct as charged in the
Indictment.
3. The District Court Did Not Abuse Its
Discretion in Denying Maxwell’s Motion for
a New Trial
Maxwell contends that she was deprived of her
constitutional right to a fair and impartial jury
because Juror 50 failed to accurately respond to
several questions related to his history of sexual abuse
as part of the jury questionnaire during jury selection.
Following a special evidentiary hearing, the District
Court denied Maxwell’s motion for a new trial.
We review a District Court’s denial of a motion for a
new trial for abuse of discretion.?” We have been
extremely reluctant to “haul jurors in after they have
27 See Rivas v. Brattesani, 94 F.3d 802, 807 (2d Cir. 1996). “[Wle
are mindful that a judge has not abused her discretion simply
because she has made a different decision than we would have
made in the first instance." United States v. Ferguson, 246 F.3d
129, 183 (2d Cir. 2001). We have repeatedly explained that the
term of art “abuse of discretion” includes errors of law, a clearly
erroneous assessment of the evidence, or “a decision that cannot
be located within the range of permissible decisions.” In re Sims,
534 F.3d 117, 132 (2d Cir. 2008) (citation and internal quotation
marks omitted).
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