DOJ-OGR-00007139.pdf

--- Page 1 --- **Document Header:** * **Case Number:** 1:20-cr-00330-PAE * **Document Number:** 465 * **Filing Date:** 11/15/21 * **Page Number:** 88 of 127 **Transcript:** LB1TMX3 1. instruction that makes clear that any alleged conduct was 2. lawful and cannot form the basis of a conviction in this case 3. certainly would be required to ensure that probative value is 4. not substantially outweighed by potential prejudice. 5. So that's my thinking. I'm going to need more from 6. the government on the anticipated testimony. I want to see a 7. proposed limiting instruction that would go to that, and I want 8. briefing on whether there might be a basis for direct evidence 9. as to the trafficking count. 10. So I will ask the government here for a submission 11. that outlines anticipated testimony that would be potentially 12. 404(b) with respect to the Mann Act counts, as I've indicated, 13. a proposed limiting instruction in that regard, and to the 14. extent the government does have I think a not-yet-really- 15. thought-through argument about direct evidence as to the 16. trafficking act, I'm open to hearing it. 17. So let me look at the calendar. I will get briefing 18. from the government and then a response time from the defense. 19. Government by the 5th, defense response by the 10th. 20. Questions about that, Ms. Moe? 21. MS. MOE: No, your Honor, thank you. 22. THE COURT: Mr. Everdell? 23. MR. EVERDELL: No questions on this schedule or the 24. Court's direction. We would like to clarify one thing, which I 25. believe the Court said that the parties agree that this **Footer:** SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00007139