DOJ-OGR-00011537.jpg

566 KB

Extraction Summary

4
People
5
Organizations
1
Locations
1
Events
3
Relationships
9
Quotes

Document Information

Type: Court transcript
File Size: 566 KB
Summary

This document is a partial transcript from a court hearing on July 22, 2022, discussing factual objections and the calculation of sentencing guidelines. The Court, Mr. Everdell, and Ms. Moe participate in the discussion, with the Court adopting PSR recitations and outlining the process for guideline calculation. The defense contends a guideline calculation of 51 to 63 months' imprisonment, while the government's contention is cut off.

People (4)

Name Role Context
Mr. Everdell Speaker/Counsel
Participating in the court discussion, responding to the Court.
Ms. Moe Speaker/Counsel
Participating in the court discussion, responding to the Court.
The Court Judge/Presiding Officer
Leading the discussion, making rulings, and outlining legal procedures.
counsel Legal Counsel/Attorney
General reference to legal representatives involved in the case.

Organizations (5)

Name Type Context
THE COURT Government agency/Judicial body
The presiding judicial body in the legal proceeding.
United States Sentencing Guidelines Government guidelines/Legal framework
A set of legal guidelines used for imposing sentences.
SOUTHERN DISTRICT REPORTERS, P.C. Company
Likely the entity responsible for transcribing the court proceedings, with phone number (212) 805-0300.
defense Legal party
One of the parties in the legal case, contending a specific guideline calculation.
government Legal party/Government agency
The opposing party in the legal case, whose contention is mentioned but cut off.

Timeline (1 events)

2022-07-22
Discussion on factual objections, adoption of PSR recitations, and the calculation of the Sentencing Guideline range. The defense contends a guideline calculation of 51 to 63 months' imprisonment.
MR. EVERDELL MS. MOE THE COURT counsel

Locations (1)

Location Context
Mentioned as part of the 'United States Sentencing Guidelines'.

Relationships (3)

MR. EVERDELL professional/legal THE COURT
Mr. Everdell addresses 'your Honor' and responds to the Court's questions during the hearing.
MS. MOE professional/legal THE COURT
Ms. Moe addresses 'your Honor' and responds to the Court's questions during the hearing.
defense adversarial/legal government
The document states, 'The parties dispute multiple aspects of the guideline calculation. The defense contends that the correct guideline calculation is 51 to 63 months' imprisonment. The government contends that the'.

Key Quotes (9)

"I guess in the final version, it probably pertains to 172."
Source
— MR. EVERDELL (Responding to a question or making a statement about a document version.)
DOJ-OGR-00011537.jpg
Quote #1
"Thank you."
Source
— THE COURT (Acknowledging Mr. Everdell's statement.)
DOJ-OGR-00011537.jpg
Quote #2
"And with that, no further factual objections that need resolution, Mr. Everdell?"
Source
— THE COURT (Asking Mr. Everdell if there are more factual objections.)
DOJ-OGR-00011537.jpg
Quote #3
"Other than the ones we've just discussed, no, your Honor."
Source
— MR. EVERDELL (Responding to the Court's question about further objections.)
DOJ-OGR-00011537.jpg
Quote #4
"Ms. Moe?"
Source
— THE COURT (Asking Ms. Moe if she has objections.)
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Quote #5
"No, your Honor. Thank you."
Source
— MS. MOE (Responding to the Court's question about objections.)
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Quote #6
"So, with those rulings, hearing no further objections, with those rulings, I otherwise adopt the factual recitations set forth in the PSR. As in all cases, the PSR is sealed and made a part of the record in this matter. If an appeal is taken, counsel on appeal may have access to the PSR without further application to this court."
Source
— THE COURT (Making a ruling regarding factual recitations and access to the PSR.)
DOJ-OGR-00011537.jpg
Quote #7
"We'll turn now to the guideline calculation. As counsel is aware, I am no longer required to follow the United States Sentencing Guidelines, but I am still required to consider the applicable guidelines in imposing sentence and must therefore accurately calculate the Sentencing Guideline range. The parties dispute multiple aspects of the guideline calculation."
Source
— THE COURT (Transitioning the discussion to sentencing guideline calculations and noting the parties' dispute.)
DOJ-OGR-00011537.jpg
Quote #8
"Just to outline the relevant overall calculations, the defense contends that the correct guideline calculation is 51 to 63 months' imprisonment. The government contends that the"
Source
— THE COURT (Outlining the defense's position on the guideline calculation, with the government's position being cut off.)
DOJ-OGR-00011537.jpg
Quote #9

Full Extracted Text

Complete text extracted from the document (1,405 characters)

Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 18 of 101 18
M6SQmax1
1 MR. EVERDELL: I guess in the final version, it
2 probably pertains to 172.
3 THE COURT: Thank you.
4 And with that, no further factual objections that need
5 resolution, Mr. Everdell?
6 MR. EVERDELL: Other than the ones we've just
7 discussed, no, your Honor.
8 THE COURT: Ms. Moe?
9 MS. MOE: No, your Honor. Thank you.
10 THE COURT: So, with those rulings, hearing no further
11 objections, with those rulings, I otherwise adopt the factual
12 recitations set forth in the PSR. As in all cases, the PSR is
13 sealed and made a part of the record in this matter. If an
14 appeal is taken, counsel on appeal may have access to the PSR
15 without further application to this court.
16 We'll turn now to the guideline calculation. As
17 counsel is aware, I am no longer required to follow the United
18 States Sentencing Guidelines, but I am still required to
19 consider the applicable guidelines in imposing sentence and
20 must therefore accurately calculate the Sentencing Guideline
21 range. The parties dispute multiple aspects of the guideline
22 calculation.
23 Just to outline the relevant overall calculations, the
24 defense contends that the correct guideline calculation is 51
25 to 63 months' imprisonment. The government contends that the
SOUTHERN DISTRICT REPORTERS, P.C.
.
.
.
(212) 805-0300
DOJ-OGR-00011537

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