DOJ-OGR-00004295.pdf

--- Page 1 --- **Document Header** Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 30 of 32 **Main Text** VIII. Ms. Maxwell Incorporates All of the Arguments Raised in Her Initial Pretrial Motions and Reasserts Them as to the S2 Indictment. To the extent she has not already done so, Ms. Maxwell incorporates by reference all of the arguments she raised in her pretrial motions related to the S1 Indictment and reasserts them here with respect to the S2 Indictment. For the reasons set forth in those motions, the Court should grant the requested relief as to the S2 Indictment. CONCLUSION For the foregoing reasons, Ms. Maxwell respectfully requests that the Court (1) dismiss Counts One, Three, Five, and Six of the S2 Indictment for breach of the NPA, (2) dismiss Counts Five and Six of the S2 Indictment for violation of Ms. Maxwell's rights under the Double Jeopardy Clause, and (3) grant her other requested relief. Dated: May 7, 2021 New York, New York Respectfully submitted, /s/ Christian R. Everdell Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue New York, NY 10022 Phone: 212-957-7600 Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. 150 East 10th Avenue Denver, Colorado 80203 Phone: 303-831-7364 **Footer** We exclude the arguments raised in the Motion to Dismiss the Superseding Indictment as It Was Obtained in Violation of the Sixth Amendment (Dkt. 126, 211), as Ms. Maxwell has conceded that the S2 Indictment renders these claims moot. (Dkt. 225). **Page Number** 26 **DOJ-OGR-00004295**