Epstein Secrets

against simultaneous prosecutions for the same offense, a defendant does have a right not to be punished twice for the same crime. United States v. Josephberg, 459 F.3d 350, 355 (2d Cir. 2006) (per curiam). Accordingly, "[i]f the jury convicts on more than one multiplicitous count, the defendant's right no

31 (approving of similar precautions when introducing evidence of a defendant's prior felony conviction); Pizarro, 2018 WL 1737236, at *7; see also Zafiro, 506 U.S. at 540 ("[J]uries are presumed to follow their instructions." (citation and internal quotation marks omitted)). There is every reason to

o 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), 2015 WL 5231168, at *4 n.2 (S.D.N.Y. Sept 8, 2015), afd, 730 F. App'x 25 (2d Cir. 2018) (citing

prosecutions for the same offense, a defendant does have a right not to be punished twice for the same crime. United 169 EFTA00095261 States v. Josephberg, 459 F.3d 350, 355 (2d Cir. 2006) (per curiam). Accordingly, "[i]f the July convicts on more than one multiplicitous count, the defendant's right no

31 (approving of similar precautions when introducing evidence of a defendant's prior felony conviction); Pizarro, 2018 WL 1737236, at *7; see also Zafiro, 506 U.S. at 540 ("[J]uries are presumed to follow their instructions." (citation and internal quotation marks omitted)). There is every reason to

o 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), 2015 WL 5231168, at *4 n.2 (S.D.N.Y. Sept. 8, 2015), aff'd, 730 F. App'x 25 (2d Cir. 2018) (citi

Lopez, 356 F.3d 463, 469 (2d Cir. 2004). The Double Jeopardy Clause does not require all co- conspirators be tried together for related offenses. See Zafiro v. United States, 506 U.S. 534, 539 (1993); United States v. Hinton, 543 F.2d 1002, 1014 (2d Cir. 1976). Whether the Government could have charged

n & Order, the Court joined many other courts in this Circuit holding that pretrial motions of this sort are premature in light of United States v. Josephberg, 459 F.3d 350, 355 (2d Cir. 2006), and the Court dismissed without 9 EFTA00023903 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 317 Filed 0