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- "date": "08/10/22",
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- "full_text": "Case 1:20-cr-00330-PAE Document 773 Filed 08/10/22 Page 14 of 29 LCRVMAXT 3131 1 We can't tell which flight we're talking about, which leg of a potentially multi-leg trip we're talking about. And so I think here, again, the Court gave a thorough instruction about this particular element. Because we can't tell which set of facts they are asking about, I think the proper course here is to refer the jury to the particulars with respect to this element. THE COURT: It's difficult to know and to have in my head, based on the articulation of the question, as well as the testimony, exactly what they are referring to. I don't know. So I am inclined to follow the government's suggestion here and to say, I can't provide an additional response to your question other than to consider carefully the instructions as to -- I mean, I could either point them to all of the count or specifically to the second element, since that's what they're asking about. MR. EVERDELL: If we're going to just refer them to certain language, I think we refer them to the language in the last paragraph. THE COURT: Page? MR. EVERDELL: Page 28, instruction number 21, lines 14 through 17. MS. MOE: Your Honor, those particular lines don't appear to be what the jury is asking about. I recognize that the note refers to Count Four and the second element, but the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014700",
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- "content": "1 We can't tell which flight we're talking about, which leg of a potentially multi-leg trip we're talking about. And so I think here, again, the Court gave a thorough instruction about this particular element. Because we can't tell which set of facts they are asking about, I think the proper course here is to refer the jury to the particulars with respect to this element. THE COURT: It's difficult to know and to have in my head, based on the articulation of the question, as well as the testimony, exactly what they are referring to. I don't know. So I am inclined to follow the government's suggestion here and to say, I can't provide an additional response to your question other than to consider carefully the instructions as to -- I mean, I could either point them to all of the count or specifically to the second element, since that's what they're asking about. MR. EVERDELL: If we're going to just refer them to certain language, I think we refer them to the language in the last paragraph. THE COURT: Page? MR. EVERDELL: Page 28, instruction number 21, lines 14 through 17. MS. MOE: Your Honor, those particular lines don't appear to be what the jury is asking about. I recognize that the note refers to Count Four and the second element, but the",
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- "MR. EVERDELL",
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- "SOUTHERN DISTRICT REPORTERS, P.C.",
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- "08/10/22"
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