Epstein Secrets

d. at 538-39. "[L]ess drastic measures ... such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

ers do not create a genuine issue as to any material fact. United States v. Carving, 968 F.2d 232, 236 (2d Cir. 1992), abrogated on other grounds by Ratzlaf v. United States, 510 U.S. 135 (1994. Moreover, it is well settled that a material issue of fact sufficient to justify an evidentiary 112 EFTA0010

. at 538-39. "[L]ess drastic measures . .. such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

ers do not create a genuine issue as to any material fact. United States v. Carving, 968 F.2d 232, 236 (2d Cir. 1992), abrogated on other grounds by Ratzlaf v. United States, 510 U.S. 135 (1994. Moreover, it is well settled that a material issue of fact sufficient to justify an evidentiary 112 EFTA0007

. at 538-39. "[L]ess drastic measures . .. such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

ers do not create a genuine issue as to any material fact. United States v. Carving, 968 F.2d 232, 236 (2d Cir. 1992), abrogated on other grounds by Ratzlaf v. United States, 510 U.S. 135 (1994. Moreover, it is well settled that a material issue of fact sufficient to justify an evidentiary 112 EFTA0003

that, "while not the equivalent of criminal ex post facto, nevertheless would run afoul of Landgraf s considerations, and that he "expect[ed] that the Supreme Court's future decisions" would confirm such a reading. Thom v. Ashcroft, 369 F.3d 158, 163 n.6 (2d Cir. 2004) (Calabresi, J., "[s]peaking only for [him]sel

779 F.2d 861 (2d Cir. 1985) 77, 80, 81 Peck v. United States, 73 F.3d 1220 (2d Cir. 1995) 112 Rakas v. Illinois, 439 U.S. 128 (1978) 82, 83 Ratzlaf v. United States, 510 U.S. 135 (1994) 112 vii EFTA00095074 Rawlings v. Kentucky, 448 U.S. 98 (1980) 83 Richardson v. Marsh, 481 U.S. 200 (1

the counts would waste judicial resources by requiring a second trial at 53 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

ers do not create a genuine issue as to any material fact. United States v. Carving, 968 F.2d 232, 236 (2d Cir. 1992), abrogated on other grounds by Ratzlaf v. United States, 510 U.S. 135 (1994), Peck v. United States, 73 F.3d 1220 (2d Cir. 1995). Moreover, it is well settled that a material issue of fa

d. at 538-39. "[L]ess drastic measures ... such as limiting instructions, 52 While Zafiro involved a motion to sever defendants, rather than counts, the Supreme Court's construction of Rule 14(a) applies in either case. See Page, 657 F.3d at 129 (relying on Zafiro); United States v. Gracesqui, No. 10 Cr. 74 (PKC),

ers do not create a genuine issue as to any material fact. United States v. Carving, 968 F.2d 232, 236 (2d Cir. 1992), abrogated on other grounds by Ratzlaf v. United States, 510 U.S. 135 (1994. Moreover, it is well settled that a material issue of fact sufficient to justify an evidentiary 112 EFTA0010