Epstein Secrets

eclude the opinion. In this circumstance, the lasting mental impact of a crime is at best "minimally probative" of whether that crime was committed. United States v. Hendricks, 921 F.3d 320, 329 (2d Cir. 2019). It also carries a high risk of Rule 403 prejudice by suggesting that the psychological impact on All

Hall's description falls short of demonstrating that this disorder "affect[s] her ability to perceive or to recall events or to testify accurately." Vitale, 459 F.3d at 196 (quoting Sasso, 59 F.3d at 348); see United States v. Lopez, 611 F.2d 44,45 (4th Cir. 1979) ("[M]any psychiatric problems ... whic

1,347-48 (2d Cir. 1995) (cleaned up); see also United States v. Hamlett, No. 19-3069,2021 WL 5105861, at *2 (2d Cir. Nov. 3,2021); United States v. Vitale, 459 F.3d 190, 196 (2d Cir. 2006). Even if psychological history is probative according to these factors, the Court still retains discretion to exc

eclude the opinion. In this circumstance, the lasting mental impact of a crime is at best "minimally probative" of whether that crime was committed. United States v. Hendricks, 921 F.3d 320, 329 (2d Cir. 2019). It also carries a high risk of Rule 403 prejudice by suggesting that the psychological impact on All

Hall's description falls short of demonstrating that this disorder "affect[s] her ability to perceive or to recall events or to testify accurately." Vitale, 459 F.3d at 196 (quoting Sasso, 59 F.3d at 348); see United States v. Lopez, 611 F.2d 44,45 (4th Cir. 1979) ("[M]any psychiatric problems ... whic

1,347-48 (2d Cir. 1995) (cleaned up); see also United States v. Hamlett, No. 19-3069,2021 WL 5105861, at *2 (2d Cir. Nov. 3,2021); United States v. Vitale, 459 F.3d 190, 196 (2d Cir. 2006). Even if psychological history is probative according to these factors, the Court still retains discretion to exc

eclude the opinion. In this circumstance, the lasting mental impact of a crime is at best "minimally probative" of whether that crime was committed. United States v. Hendricks, 921 F.3d 320, 329 (2d Cir. 2019). It also carries a high risk of Rule 403 prejudice by suggesting that the psychological impact on All

rd, Dr. Hall's description falls short of demonstrating that thisIM"affect[s] her ability to perceive or to recall events or to testify accurately." Vitale, 459 F.3d at 196 (quoting Sasso, 59 F.3d at 348); see United States v. Lopez, 611 F.2d 44, 45 (4th Cir. 1979) ("[M]any psychiatric problems ... whi

347-48 (2d Cir. 1995) (cleaned up); see also United States v. Hamlett, No. 19-3069, 2021 WL 5105861, at ■2 (2d Cir. Nov. 3, 2021); United States v. Vitale, 459 F.3d 190, 196 (2d Cir. 2006). Even if psychological history is probative according to these factors, the Court still retains discretion to exc

ISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-60209-CR-DIMITROULEAS/SELTZER UNITED STATES OF AMERICA vs. KENNETH C. JENNE, Defendant. UNITED STATES' UNOPPOSED OBJECTIONS TO THE PRESENTENCE INVESTIGATION REPORT The United States, by and through the undersigned Assistant United States Attorneys, h

tion together "would have the anomalous result that an enhancement designed to increase a sentence has the effect of reducing it." United States v. Vitale 159 F.3d 810, 814 (3rd Cir. 1998). For all of these reasons, the two-level enhancement found in § 211.1(b)(1) does not constitute the type of "speci