DOJ-OGR-00021790.pdf

Case 22-1426, Document 101, 03/10/2024, 3614237, Page1 of 2 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew's Plaza New York, New York 10007 March 10, 2024 By CM/ECF Catherine O'Hagan Wolfe, Clerk of Court United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, Docket No. 22-1426 Argument date: March 12, 2023 Dear Ms. Wolfe: The Government respectfully submits this letter, pursuant to Federal Rule of Appellate Procedure 28(j), to inform this Court of United States v. Watkins, 940 F.3d 152 (2d Cir. 2019). In Watkins, this Court explained that the portion of the Bail Reform Act, 18 U.S.C. § 3142(f)(1)(E), that required a detention hearing for "any felony . . . that involves a minor victim . . ." permits a court to conduct a "conduct-specific inquiry in which the judicial officer may look beyond the elements of the charged offense to consider the actual conduct underlying the arrestee's charged offense." 940 F.3d at 165, 167. Because that phrase "refers to a 'minor victim,' it "suggest[s] factual details surrounding the charged conduct." Id. at 166. The Court also noted the absence of a textual trigger for the categorical approach like "that has as an element." Id. at 166 n.70. The Court further explained that its conclusion was reinforced by legislative history, namely, the inclusion of Section 3142(f)(1)(E) in a statute intended to "afford minor victims of crime the greatest degree of protection." Id. at 166. The Court contrasted Section 3142(f)(1)(E) with another portion of the Act that contains the word "involves" but requires use of the categorical approach, because that text "refers, variously, to a 'crime,' an 'offense,' and a 'felony,'" indicating an emphasis on the nature of the legal charge rather than "factual details." Id. (quoting 18 U.S.C. § 3182(f)(1) (discussing "a case that involves . . . a crime of violence . . ."); see id. at 162-65. DOJ-OGR-00021790