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- "full_text": "Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 13 of 95 2751 LCI1MAX1\n1 MR. EVERDELL: Right.\n2 THE COURT: So just rather than give the jury two elements with two different ages, which I think makes sense.\n3 But so then the suggestion is \"to transport an individual under the age of 17.\"\n4 \"\n5 MR. EVERDELL: Yes, your Honor.\n6 THE COURT: Mr. Rohrbach?\n7 MR. ROHRBACH: The government agrees that that's an element of the offense. There is no reason to incorporate all of the elements into the summary.\n8 THE COURT: Well, he's not asking all. He's just asking this one. So --\n9 MR. ROHRBACH: That's fine, your Honor, although the government would note that that creates an asymmetry between Counts One and Three, so we think it should be in both or neither.\n10 THE COURT: All right.\n11 MR. EVERDELL: Well, it's not an element of the offense in Count One. I add it there because it says \"an individual\" and \"an individual\" seems sort of vague. I mean, there's testimony about lots of individuals traveling, and transporting here and there. We just wanted to make it clear to the jury that we're talking about individuals under the age of 17 rather than all these people on the flight logs that we saw who we have no evidence of their ages.\n12 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014317",
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- "content": "1 MR. EVERDELL: Right.\n2 THE COURT: So just rather than give the jury two elements with two different ages, which I think makes sense.\n3 But so then the suggestion is \"to transport an individual under the age of 17.\"\n4 \"\n5 MR. EVERDELL: Yes, your Honor.\n6 THE COURT: Mr. Rohrbach?\n7 MR. ROHRBACH: The government agrees that that's an element of the offense. There is no reason to incorporate all of the elements into the summary.\n8 THE COURT: Well, he's not asking all. He's just asking this one. So --\n9 MR. ROHRBACH: That's fine, your Honor, although the government would note that that creates an asymmetry between Counts One and Three, so we think it should be in both or neither.\n10 THE COURT: All right.\n11 MR. EVERDELL: Well, it's not an element of the offense in Count One. I add it there because it says \"an individual\" and \"an individual\" seems sort of vague. I mean, there's testimony about lots of individuals traveling, and transporting here and there. We just wanted to make it clear to the jury that we're talking about individuals under the age of 17 rather than all these people on the flight logs that we saw who we have no evidence of their ages.",
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