mirror-epstein-docs/results/IMAGES005/DOJ-OGR-00014336.json

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    "page_number": "32",
    "document_number": "765",
    "date": "08/10/22",
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  "full_text": "Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 32 of 95 2770 LCI1MAX1 purpose\" language than language that happened to have been invented by Sand. As smart as Judge Sand was, that did not actually come from any circuit case law. So we propose going with what the courts have actually said on this issue rather than a proposal in Sand. THE COURT: I'm just going to read for a moment. I think I want to start by asking what's wrong with the current instruction, the one that you proposed that I adopted? That's the one that I've seen in -- MR. EVERDELL: Well -- THE COURT: -- in charges. MR. EVERDELL: Your Honor, there's nothing wrong with it per se. It is a charge that has been used in other cases, and we proposed it, so we obviously think it's acceptable. But I think the new proposed charge is a charge that is more accurate and also tracks the case law development on this point because the dominant purpose is actually something that was in a Second Circuit opinion and it's, you know -- Judge Rakoff has tried to craft an instruction in Miller to deal with the issue of one dominant purpose versus the dominant purpose, but the way that I think the case law has developed in the Second Circuit, it started with \"dominant purpose\" was the language used and then we had to deal with this issue of ambiguity there, and this is how Judge Rakoff came out, but was still keeping the \"dominant purpose\" language but clarifying it was SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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      "content": "purpose\" language than language that happened to have been invented by Sand. As smart as Judge Sand was, that did not actually come from any circuit case law. So we propose going with what the courts have actually said on this issue rather than a proposal in Sand. THE COURT: I'm just going to read for a moment. I think I want to start by asking what's wrong with the current instruction, the one that you proposed that I adopted? That's the one that I've seen in -- MR. EVERDELL: Well -- THE COURT: -- in charges. MR. EVERDELL: Your Honor, there's nothing wrong with it per se. It is a charge that has been used in other cases, and we proposed it, so we obviously think it's acceptable. But I think the new proposed charge is a charge that is more accurate and also tracks the case law development on this point because the dominant purpose is actually something that was in a Second Circuit opinion and it's, you know -- Judge Rakoff has tried to craft an instruction in Miller to deal with the issue of one dominant purpose versus the dominant purpose, but the way that I think the case law has developed in the Second Circuit, it started with \"dominant purpose\" was the language used and then we had to deal with this issue of ambiguity there, and this is how Judge Rakoff came out, but was still keeping the \"dominant purpose\" language but clarifying it was",
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      "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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  "entities": {
    "people": [
      "Judge Sand",
      "MR. EVERDELL",
      "Judge Rakoff"
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    "organizations": [
      "SOUTHERN DISTRICT REPORTERS, P.C.",
      "Second Circuit"
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    "locations": [],
    "dates": [
      "08/10/22"
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      "1:20-cr-00330-PAE",
      "765",
      "2770",
      "LCI1MAX1",
      "DOJ-OGR-00014336"
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