Epstein Secrets

aw or factual matters which it believes the court overlooked and that might reasonably be expected to alter the court's decision." United States v. Berger, 188 F. Supp. 2d 307, 328-39 (S.D.N.Y. 2002). But "[t]he standard for granting a motion for reconsideration `is strict.' Fanner v. United States, N

-CR-758/15-cv-6287 (MN), 2017 WL 3448014, at *2 (S.D.N.Y. Aug. 10, 2017) (quoting Analytical Surveys, Inc. v. Tonga Partners, L.P., 684 F.3d 36, 52 (2d Cir. 2012)). That's because "[r]econsideration of a court's previous order is an `extraordinary remedy to be employed in the interests of finality and c

eople are serving the same roles in each phase. United States v. Pena, 846 F. App'x 49, 51 (2d Cir. 2021) (summary order) (quoting United States v. Berger, 224 F.3d 107, 114-15 (2d Cir. 2000)); see also United States v. Maldonado-Rivera, 922 F.2d 934, 963 (2d Cir. 1990). Notably, the Government, after

assessed on its own terms . . . based on the entire record." United States v. Maslin, 356 F.3d 191, 196 (2d Cir. 2004). In assessing the evidence, the Second Circuit applies a burden-shifting framework. The defendant carries the initial burden of making a non-frivolous showing that the two counts in fact charge

29 EFTA00077572 Table of Authorities Cases Abdell v. City of New York, No. 05 CIV. 8453 KMK JCF, 2006 WL 2664313 (S.D.N.Y. Sept. 14, 2006) 8 Berger v. United States, 295 U.S. 78 (1935) 24 Brady v. Maryland, 373 U.S. 83 (1963) 11 Brown v. Maxwel, 929 F.3d 4 (2d Cir. 2019) 19, 20 Chemical Ban

Cir. 2019) (citing Fed. R. Civ. P. 5.2). So, too, has Judge Preska redacted substantial material from the documents she has released on remand from the Second Circuit, again reflecting that Maxwell reasonably relied on the Protective Order. 20 EFTA00077595 reports were replete with misrepresentations and outri

5 Sharon, Connecticut Occupation Lobbyist, Financial Services industry, Campaign Advisor Spouse Susan Berger Before joining the administration Berger had I Children Three worked as an international trade attorney. Currently, he is chairman of an international advisory firm and chairman of the b

f- fense, which applies? United States, ev rel. Harris' Daniels, 279 Fed. 844 (2nd Cir.I992), provides guidance on this issue. In Ex. rel. Harris, the Second Circuit was faced with a potential conflict between two senten- cing provisions, one which permitted " 'all sen- tences' of summary court-martial [to] be ca

ng factors. In addition, admission of the draft would *220 authorize a confusing and unproduct- ive inquiry into in mplete plea negoti- ations. See Berger g United States, 295 U.S. at 88, 55 S.Ct. 629 (stating that the opinions of prosecutors should properly carry no weiat with the jury); accord Uni

. Florida Bar No. 0042201 23 EFTA00177962 Page I of 55 Westlaw Page I 531 F.3d 197 (Cite as: 531 F.3d 197) United States Court of Appeals, Second Circuit. UNITED STATES America, Appellee, Donald FELL, Defendant-Appellant. Docket No. 06-2882-cr. Argued: June 27, 2007. Decided: June 27, 2008. Back

that 'implies the duty of establishing and maintaining civilized standards of procedure and evidence.'" United States v. Ming He, 94 F.3d 782, 789 (2d Cir. 1996) (quoting McNabb, 318 U.S. at 340). As the Supreme Court held in United States v. Payner, "Federal courts may use their supervisory power in s

Cir. 2019) (citing Fed. R. Civ. P. 5.2). So, too, has Judge Preska redacted substantial material from the documents she has released on remand from the Second Circuit, again reflecting that Maxwell reasonably relied on the Protective Order. 20 EFTA00028953 --- PAGE BREAK --- reports were replete with misrepre

tor] is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer." Berger v. United States, 295 U.S. 78, 88 (1935). Moreover, "[i]n light of the prosecutor's public responsibilities, broad authority and discretion, the pr

01 --- PAGE BREAK --- Table of Authorities Cases Abdell v. City of New York, No. 05 CIV. 8453 KMK JCF, 2006 WL 2664313 (.=. Sept 14, 2006) 8 Berger v. United States, 295 U.S. 78 (1935) 24 Brady v. Maryland, 373 U.S. 83 (1963) 11 Brown v. Marcel, 929 F.3d 4 (2d Cir. 2019) 19, 20 Chemical B

that 'implies the duty of establishing and maintaining civilized standards of procedure and evidence.'" United States v. Ming He, 94 F.3d 782, 789 (2d Cir. 1996) (quoting McNabb, 318 U.S. at 340). As the Supreme Court held in United States v. Payner, "Federal courts may use their supervisory power in s

Cir. 2019) (citing Fed. R. Civ. P. 5.2). So, too, has Judge Preska redacted substantial material from the documents she has released on remand from the Second Circuit, again reflecting that Maxwell reasonably relied on the Protective Order. 20 EFTA00029124 --- PAGE BREAK --- reports were replete with misrepre