Epstein Secrets

18 U.S.C. 5 3593(c). Because Fell preserved his objection to this testimony at trial, we review this eviden- tiary ruling for abuse of discretion. Yousef 327 F.3d at 156. [39[40](41] No abuse of discretion oc- curred here. First, although Fell claims that his mother's statement was too attenuated t

to persuade the judge or the jury is .. . far less important than his ability to persuade the prosecutor" during plea negotiations. United States'. Fernandez, 2000 WL 534449 (S.D.N.Y. May 3, 2000) at *1. Counsel's failure to discharge his duties during plea negotiations is malpractice: "Mt is malpractic

2015) 16 United States v. Edwards, 101 F.3d 17 (2d Cir. 1996) 13 United States v. Fares, 978 F.2d 52 (2d Cir. 1992) 30, 31, 33 United States v. Fernandez, 231 F.3d 1240 (9th Cir. 2000) 26 United States v. Finnerty, 411 F. Supp. 2d 428 (S.D.N.Y. 2006) 20 United States v. Floyd, No. 99 Cr. 0234 (DAB)

99) 24 United States v. Washington, 705 F.2d 489 (D.C. Cir. 1983) 14, 15 United States v. White, 972 F.2d 16 (2d Cir. 1992) 33 United States v. Yousef, 327 F.3d 56 (2d Cir. 2003) 19 iv EFTA00027311 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 35 Filed 04/24/20 Page 6 of 34 PRELIMINARY ST

2015) 16 United States v. Edwards, 101 F.3d 17 (2d Cir. 1996) 13 United States v. Fares, 978 F.2d 52 (2d Cir. 1992) 30, 31, 33 United States v. Fernandez, 231 F.3d 1240 (9th Cir. 2000) 26 United States v. Finnerty, 411 F. Supp. 2d 428 (S.D.N.Y. 2006) 20 United States v. Floyd, No. 99 Cr. 0234 (DAB)

99) 24 United States v. Washington, 705 F.2d 489 (D.C. Cir. 1983) 14, 15 United States v. White, 972 F.2d 16 (2d Cir. 1992) 33 United States v. Yousef, 327 F.3d 56 (2d Cir. 2003) 19 iv EFTA00031267 --- PAGE BREAK --- PRELIMINARY STATEMENT The Government respectfully submits this memorandum of