DOJ-OGR-00011568.jpg
590 KB
Extraction Summary
3
People
1
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
590 KB
Summary
This document is a transcript from a legal proceeding where a judge determines a defendant's sentence based on the 2003 Guidelines. The judge calculates a total offense level of 37, leading to a guideline imprisonment range of 210-262 months and a fine range of $20,000 to $200,000 per count. An attorney, Ms. Moe, then interjects to correct the judge's calculation, stating that 5 units should add 4 levels, not 5.
People (3)
| Name | Role | Context |
|---|---|---|
| The Judge | Judge |
The primary speaker in the transcript, who is determining the defendant's offense level and sentencing guidelines. Ad...
|
| MS. MOE | Attorney (implied) |
Addresses the judge to raise an objection or clarification regarding the calculation of sentencing guidelines, specif...
|
| The defendant | Defendant |
The subject of the sentencing hearing whose offense level, criminal history, and potential sentence are being discussed.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the document, indicating they are the court reporting service that transcribed the proceeding.
|
Timeline (1 events)
2022-07-22
A judge details the calculation of a defendant's sentence under the 2003 Guidelines, including the total offense level, imprisonment range, and potential fines. An attorney then raises a point of clarification on the calculation.
Courtroom in the Southern District (implied)
Locations (1)
| Location | Context |
|---|---|
|
Implied location of the court proceeding, as mentioned in the name of the court reporting agency.
|
Key Quotes (3)
"In conclusion, I find the correct total offense level under the 2003 Guidelines is 37."Source
— The Judge
(The judge's final determination of the defendant's offense level after explaining the calculations.)
DOJ-OGR-00011568.jpg
Quote #1
"I don't want to hear repeated objections, but any objections based on anything I said that is new?"Source
— The Judge
(The judge is asking the parties for any new objections to the sentencing findings just articulated.)
DOJ-OGR-00011568.jpg
Quote #2
"Yes, your Honor. With respect to the unit analysis, we wanted to note that under 3D1.4, a total of 5 units adds 4 levels, not 5 levels."Source
— MS. MOE
(Responding to the judge's call for new objections with a specific correction to the guideline calculation.)
DOJ-OGR-00011568.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,786 characters)
Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 49 of 101 49
M6SQmax1
M6SQmax1
1 Because there are multiple counts, all within at least
2 four offense levels of each other, I determine 5 units under
3 3D1.4(a). And under 3D1.4, 5 units increases the total offense
4 level of the group with the highest total offense level by 5
5 from 27 to 32.
6 Last, because the defendant engaged in a pattern of
7 activity involving prohibited sexual conduct, the total offense
8 level is increased by 5 from 32 to 37. 4B1.5(b)(1).
9 In conclusion, I find the correct total offense level
10 under the 2003 Guidelines is 37.
11 No party disputes the defendant's Criminal History
12 Category of I.
13 Under the 2003 Guidelines, a Criminal History Category
14 of I and total offense level of 37, produces a guideline range
15 of 210 to 262 months' imprisonment.
16 The range for the fine, again, under the 2003 manual
17 is $20,000 to $200,000 for each count. That's 5E1.2(c)(3).
18 The range for supervised release is three years to
19 life. 5D1.2(a)(1) and (c) and 18 U.S.C. 3583(k), although I
20 believe there is a -- yeah, I think that's supervised release.
21 I don't want to hear repeated objections, but any
22 objections based on anything I said that is new?
23 MS. MOE: Yes, your Honor. With respect to the unit
24 analysis, we wanted to note that under 3D1.4, a total of 5
25 units adds 4 levels, not 5 levels. I think the next layer on
2 four offense levels of each other, I determine 5 units under
3 3D1.4(a). And under 3D1.4, 5 units increases the total offense
4 level of the group with the highest total offense level by 5
5 from 27 to 32.
6 Last, because the defendant engaged in a pattern of
7 activity involving prohibited sexual conduct, the total offense
8 level is increased by 5 from 32 to 37. 4B1.5(b)(1).
9 In conclusion, I find the correct total offense level
10 under the 2003 Guidelines is 37.
11 No party disputes the defendant's Criminal History
12 Category of I.
13 Under the 2003 Guidelines, a Criminal History Category
14 of I and total offense level of 37, produces a guideline range
15 of 210 to 262 months' imprisonment.
16 The range for the fine, again, under the 2003 manual
17 is $20,000 to $200,000 for each count. That's 5E1.2(c)(3).
18 The range for supervised release is three years to
19 life. 5D1.2(a)(1) and (c) and 18 U.S.C. 3583(k), although I
20 believe there is a -- yeah, I think that's supervised release.
21 I don't want to hear repeated objections, but any
22 objections based on anything I said that is new?
23 MS. MOE: Yes, your Honor. With respect to the unit
24 analysis, we wanted to note that under 3D1.4, a total of 5
25 units adds 4 levels, not 5 levels. I think the next layer on
SOUTHERN DISTRICT REPORTERS, P.C.
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.
.
(212) 805-0300
DOJ-OGR-00011568
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(212) 805-0300
DOJ-OGR-00011568
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