DOJ-OGR-00014333.pdf

Case 1:20-cr-00330-PAE Document 765 Filed 08/10/22 Page 29 of 95 2767 LCI1MAX1 and, if I'm remembering correctly -- MR. EVERDELL: Yes, your Honor. That may be true. THE COURT: Yes. Go ahead. MR. EVERDELL: So we have found a different instruction on this point which we would ask the Court to consider, and it comes from United States v. Miller, and I can hand that up to the Court and the government. THE COURT: Just to be clear, I adopted your suggestion and now you're asking me to do something different. MR. EVERDELL: Well, it is true, your Honor, and I will keep what I have, if this is objectionable to the Court. But we only found this one as we were looking through with respect to the charge. THE COURT: It happens. Just give me a moment to get to my notes on this one. MR. EVERDELL: Your Honor, I can give a typewritten proposed instruction. Page 211 of the opinion is the instruction that was given by Judge Rakoff. THE COURT: And what's the charge in the Miller case? MR. EVERDELL: Well, your Honor, Miller was found guilty of 2422 and 2423, the same statutes we're talking about. THE COURT: Okay. So the proposal is, in order to establish the element, the government must prove that it was part of Ms. Maxwell's conscious purpose in having Jane travel SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014333