📧 Communication

This document is a court transcript from June 29, 2023, capturing a discussion during a sentencing hearing. Counsel Mr. Everdell argues that the jury, not the court, should have determined whether the 2003 or 2004 sentencing guidelines apply, as this is a factual determination tied to when the offense ended and is protected by the Ex Post Facto Clause. The judge is hearing this argument after noting the probation department's recommendation for a 240-month sentence, a downward variance from the calculated range.