DOJ-OGR-00021566.json 4.3 KB

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  2. "document_metadata": {
  3. "page_number": "136",
  4. "document_number": "78",
  5. "date": "06/29/2023",
  6. "document_type": "court transcript",
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  10. "full_text": "Case 22-1426, Document 78, 06/29/2023, 3536039, Page136 of 217\nSA-390\n\nM6SQmax1\n21\n1 persuasive -- along with the other sources and opinions we've\n2 cited, it's persuasive authority for the fact this is a jury\n3 decision, not a Court determination.\n4 THE COURT: Are you leaving that argument?\n5 MR. EVERDELL: Yes, your Honor.\n6 THE COURT: We'll do a little back-and-forth so I have\n7 everybody's arguments in mind. Thank you.\n8 Go ahead, Ms. Moe.\n9 MS. MOE: Thank you, your Honor.\n10 The government is confident the 2004 Manual applies in\n11 this case. I believe we did engage with the ex post facto\n12 issue thoroughly in our brief. The question is whether the\n13 factual record at trial establishes that the offense continued\n14 throughout the duration of 2004, which it emphatically did.\n15 The testimony of a crime victim who testified at this trial\n16 establishes that the offense conduct went past November 1,\n17 2004.\n18 THE COURT: So I think the framing of the question\n19 here is very important and its technical -- this whole\n20 discussion is very technical. It seems to me the question is\n21 can the government point to a preponderance of the evidence\n22 that conspiratorial conduct took place in this very small time\n23 window, basically November and December 2004. That is what's\n24 in issue, and the question is what the trial record establishes\n25 with respect to that two-month window.\n\nSOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300\nDOJ-OGR-00021566",
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  14. "content": "Case 22-1426, Document 78, 06/29/2023, 3536039, Page136 of 217",
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  19. "content": "SA-390",
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  24. "content": "M6SQmax1\n21\n1 persuasive -- along with the other sources and opinions we've\n2 cited, it's persuasive authority for the fact this is a jury\n3 decision, not a Court determination.\n4 THE COURT: Are you leaving that argument?\n5 MR. EVERDELL: Yes, your Honor.\n6 THE COURT: We'll do a little back-and-forth so I have\n7 everybody's arguments in mind. Thank you.\n8 Go ahead, Ms. Moe.\n9 MS. MOE: Thank you, your Honor.\n10 The government is confident the 2004 Manual applies in\n11 this case. I believe we did engage with the ex post facto\n12 issue thoroughly in our brief. The question is whether the\n13 factual record at trial establishes that the offense continued\n14 throughout the duration of 2004, which it emphatically did.\n15 The testimony of a crime victim who testified at this trial\n16 establishes that the offense conduct went past November 1,\n17 2004.\n18 THE COURT: So I think the framing of the question\n19 here is very important and its technical -- this whole\n20 discussion is very technical. It seems to me the question is\n21 can the government point to a preponderance of the evidence\n22 that conspiratorial conduct took place in this very small time\n23 window, basically November and December 2004. That is what's\n24 in issue, and the question is what the trial record establishes\n25 with respect to that two-month window.",
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  29. "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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  34. "content": "DOJ-OGR-00021566",
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  37. ],
  38. "entities": {
  39. "people": [
  40. "MR. EVERDELL",
  41. "MS. MOE"
  42. ],
  43. "organizations": [
  44. "SOUTHERN DISTRICT REPORTERS, P.C."
  45. ],
  46. "locations": [],
  47. "dates": [
  48. "06/29/2023",
  49. "November 1, 2004",
  50. "November 2004",
  51. "December 2004"
  52. ],
  53. "reference_numbers": [
  54. "Case 22-1426",
  55. "Document 78",
  56. "3536039",
  57. "SA-390",
  58. "DOJ-OGR-00021566"
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