Epstein Secrets

ng overly stale criminal charges,"' the Defendant must satisfy a stringent two-part test. Maxwell, 534 F. Supp. 3d at 316 (quoting United States v. Cornielle, 171 F.3d 748, 751 (2d Cir. 1999)). The Defendant "must show both 37 EFTA00156436 Case 1:20-cr-00330-AJN Document 657 Filed 04/29/22 Page 38 of 4

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

ocess require the federal government to fulfill it. See Santobello v. New York, 404 U.S. 257, 262 (1971); United States v. Ready, 82 F.3d 551, 558 (2d Cir. 1996). The question here is not whether the U.S. Attorney for the Southern District of Florida had the power to bind the U.S. Attorney for the South

so. Applying Second Circuit precedent and principles of contract interpretation, the Court concludes that they did not. In United States v. Annabi, the Second Circuit held: "A plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless it affirmatively a

in United States v. Marion, the statute of limitations is 'the primary guarantee against bringing overly stale criminal charges."' United States v. Cornielle, 16 EFTA00020276 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 17 of 34 171 F.3d 748, 751 (2d Cir. 1999) (cleaned

ocess require the federal government to fulfill it. See Santobello v. New York, 404 U.S. 257, 262 (1971); United States v. Ready, 82 F.3d 551, 558 (2d Cir. 1996). The question here is not whether the U.S. Attorney for the Southern District of Florida had the power to bind the U.S. Attorney for the South

so. Applying Second Circuit precedent and principles of contract interpretation, the Court concludes that they did not. In United States v. Annabi, the Second Circuit held: "A plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless it affirmatively a

in United States v. Marion, the statute of limitations is 'the primary guarantee against bringing overly stale criminal charges."' United States v. Cornielle, 16 EFTA00022106 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 17 of 34 171 F.3d 748, 751 (2d Cir. 1999) (cleaned