Epstein Secrets

NEW YORK, —against— JEFFREY E. EPSTEIN, Respondent, Defendant-Appellant. BRIEF FOR DEFENDANT-APPELLANT JAY P. LE•FKOWITZ SANDRA LYNN MUSUMECI KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022 Attorneys for Defendant-Appellant REPRODUCED ON RECYCLED PAPER EFTA00792343 TABLE OF CONTENTS P

25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 H. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS. 36 A. The Court Improperly Assessed Points Against Appellant fo

ter from Jay P. Lefkowitz to Hon. Ruth Pickholz Requesting a Continuance of the Hearing. dated September 9, 2010 09/0T/2010 09:55 FAX rihon2,,no2 KIRKLAND & ELLIS LLP ANO AffittATED PAATtaltgilaS Sal Lexengten Avenue Nov York. New York 10O22 Jay P. LeRoy/It. P.C. F acsnole www.larklancl.ccm September 7, 2010

25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 IL THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS. 36 A. The Court Improperly Assessed Points Against Appellant fo

Letter from Jay P. Lefkowitz to Hon. Ruth Pickholz Requesting a Continuance of the Hearing, dated September 9, 2010 09/07/2010 09:55 FAX 0 2:00 2 KIRKLAND & ELLIS LLP NIO arnuarrn PAItTNIRSHIPS 601 Lexington Avenue Now York. NkY/ Yolk 10022 Jay P LelkowItz,. To Call WIWI Dimly: Facsinne awn.. kiridandccm BY

25 C. Determining Appellant To Be a Level 3 Offender Based on Factors That Were Not Proven by Clear and Convincing Evidence Violated Appellant's Federal Due Process Rights. 32 II. THE COURT BASED ITS LEVEL 3 DETERMINATION UPON IMPROPER CONSIDERATIONS 36 A. The Court Improperly Assessed Points Against Appellant fo