DOJ-OGR-00014784.jpg
653 KB
Extraction Summary
2
People
4
Organizations
0
Locations
3
Events
1
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
653 KB
Summary
This legal document is a transcript from a court proceeding, filed on August 22, 2022, discussing the sentencing of a defendant for a conspiracy of sexual abuse. The central issue is determining whether the 2003 or the harsher 2004 sentencing guidelines apply, which hinges on whether the crime continued past November 1, 2004. The government's argument relies on the testimony of a victim named Carolyn, whom the judge and jury found to be a credible witness.
Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States | government agency |
Mentioned as the plaintiff in the cited case 'United States v. Guerrero'.
|
| probation department | government agency |
Mentioned as agreeing with the parties on the application of sentencing guidelines.
|
| government | government agency |
Refers to the prosecution, which bears the burden of persuasion and charged the defendant with conspiracy.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Appears at the bottom of the document, likely the court reporting service that transcribed the proceedings.
|
Timeline (3 events)
Relationships (1)
The document states that the defendant was charged in a 'decade-long conspiracy of sexual abuse' and that Carolyn was a 'victim of the federal sex-trafficking offense charged'.
Key Quotes (1)
"Let me state clearly, I found, as I said repeatedly in my factual conclusions on the PSR objections, I found Carolyn to be a credible witness, as did the jury."Source
— The Judge
(The speaker, presumably the judge, is stating their finding on the credibility of the witness Carolyn, which was consistent with the jury's finding.)
DOJ-OGR-00014784.jpg
Quote #1
Full Extracted Text
Complete text extracted from the document (1,709 characters)
Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 37 of 101 37
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1 United States v. Guerrero, 910 F.3d 72 (2d Cir. 2018). Here,
2 the parties and the probation department agree that applying
3 the current Guidelines would result in a significantly longer
4 sentence than the application of the guidelines in place when
5 the defendant committed her offense, whether that is the 2003
6 or 2004 guidelines.
7 The controlling date for ex post facto purposes is the
8 last date of the offense of conviction. The 2004 Guidelines
9 became effective on November 1, 2004. So I must determine if
10 the last date of the offense was after November 1, 2004.
11 Because it seeks an increased punishment, the
12 government bears the burden of persuasion. The government
13 charged a decade-long conspiracy of sexual abuse that the
14 indictment alleged ended in 2004. It's proof at trial that the
15 conspiracy continued in 2004 related to Carolyn. And the
16 charged conspiracy had to end no later than very early 2005
17 because that's when Carolyn turned 18 and can no longer be
18 deemed a victim of the federal sex-trafficking offense charged
19 which proscribes conduct with respect to individuals under the
20 age of 18. So the government purports to carry its burden on
21 this issue based on portions of Carolyn's testimony and some
22 message pads regarding what occurred in 2004 and 2005.
23 Let me state clearly, I found, as I said repeatedly in
24 my factual conclusions on the PSR objections, I found Carolyn
25 to be a credible witness, as did the jury. The question before
2 the parties and the probation department agree that applying
3 the current Guidelines would result in a significantly longer
4 sentence than the application of the guidelines in place when
5 the defendant committed her offense, whether that is the 2003
6 or 2004 guidelines.
7 The controlling date for ex post facto purposes is the
8 last date of the offense of conviction. The 2004 Guidelines
9 became effective on November 1, 2004. So I must determine if
10 the last date of the offense was after November 1, 2004.
11 Because it seeks an increased punishment, the
12 government bears the burden of persuasion. The government
13 charged a decade-long conspiracy of sexual abuse that the
14 indictment alleged ended in 2004. It's proof at trial that the
15 conspiracy continued in 2004 related to Carolyn. And the
16 charged conspiracy had to end no later than very early 2005
17 because that's when Carolyn turned 18 and can no longer be
18 deemed a victim of the federal sex-trafficking offense charged
19 which proscribes conduct with respect to individuals under the
20 age of 18. So the government purports to carry its burden on
21 this issue based on portions of Carolyn's testimony and some
22 message pads regarding what occurred in 2004 and 2005.
23 Let me state clearly, I found, as I said repeatedly in
24 my factual conclusions on the PSR objections, I found Carolyn
25 to be a credible witness, as did the jury. The question before
SOUTHERN DISTRICT REPORTERS, P.C.
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•
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(212) 805-0300
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(212) 805-0300
DOJ-OGR-00014784
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