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21a
in New Mexico.*? Furthermore, Maxwell cannot demon-
strate “substantial prejudice.” Maxwell received—over
three weeks before trial—notes of Jane’s interview
recording the abuse she suffered in New Mexico. This
is enough to conclude that Maxwell was not “unfairly
and substantially” prejudiced.”
5. Maxwell’s Sentence Was _ Procedurally
Reasonable
Lastly, Maxwell argues that her sentence was
procedurally unreasonable because the District Court
erred in applying a leadership sentencing enhancement
under the Sentencing Guidelines and inadequately
explained its above-Guidelines sentence.*! We disagree.
We review a sentence for both procedural and
substantive reasonableness, which “amounts to review
for abuse of discretion.”? We have explained that
4 As the District Court found, “[t]he Indictment charged a
scheme to sexually abuse underage girls in New York. In service
of this scheme, the Indictment alleged that Epstein and the
Defendant groomed the victims for abuse at various properties
and in various states, including Epstein’s ranch in New Mexico.”
A-398.
50 See United States v. Lebedev, 932 F.3d 40, 54 (2d Cir. 2019)
(concluding that a defendant was not “unfairly and substantially”
prejudiced because “[tlhe government disclosed the evidence and
exhibits ... four weeks prior to trial”).
51 At sentencing, the District Court calculated a Guidelines
range of 188 to 235 months’ imprisonment and sentenced
Maxwell to a slightly above-Guidelines term of 240 months’
imprisonment.
52 United States v. Cavera, 550 F.3d 180, 187 (2d Cir. 2008) (en
banc). “Regardless of whether the sentence imposed is inside or
outside the Guidelines range, the appellate court must review the
sentence under an abuse-of-discretion standard.” Gall v. United
States, 552 U.S. 38, 51 (2007).
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