DOJ-OGR-00014796.jpg
591 KB
Extraction Summary
3
People
1
Organizations
1
Locations
1
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
591 KB
Summary
This document is a court transcript page from a legal proceeding filed on August 22, 2022. A judge details the calculation for a defendant's sentencing, arriving at a total offense level of 37, which corresponds to a prison sentence of 210-262 months and significant fines. A representative, Ms. Moe, raises a specific objection to the judge's calculation of offense levels under guideline 3D1.4.
People (3)
| Name | Role | Context |
|---|---|---|
| MS. MOE |
Addresses the judge as 'your Honor' to raise an objection about the calculation of offense levels.
|
|
| Unnamed Judge | Judge |
The speaker determining the defendant's offense level and sentencing guidelines, addressed as 'your Honor'.
|
| Unnamed Defendant | Defendant |
The subject of the sentencing guideline calculations being discussed in the transcript.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the page, likely the court reporting agency that transcribed the proceeding.
|
Timeline (1 events)
2022-08-22
A judge determines a defendant's sentencing guidelines, calculating a total offense level of 37 and outlining the resulting penalties. A representative, Ms. Moe, objects to a specific part of the calculation.
Southern District (implied)
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting agency, 'SOUTHERN DISTRICT REPORTERS, P.C.'
|
Relationships (2)
Ms. Moe addresses the judge as 'your Honor' and presents a legal objection during a court proceeding.
The judge is determining the sentencing guidelines for the defendant based on their offenses and criminal history.
Key Quotes (3)
"In conclusion, I find the correct total offense level under the 2003 Guidelines is 37."Source
— Unnamed Judge
(The judge's final determination of the defendant's offense level after outlining the calculations.)
DOJ-OGR-00014796.jpg
Quote #1
"The range for the fine, again, under the 2003 manual is $20,000 to $200,000 for each count."Source
— Unnamed Judge
(Stating the potential financial penalty for the defendant based on the calculated offense level.)
DOJ-OGR-00014796.jpg
Quote #2
"MS. MOE: 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
(Raising an objection to the judge's calculation of the offense level increase.)
DOJ-OGR-00014796.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,760 characters)
Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 49 of 101
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-00014796
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(212) 805-0300
DOJ-OGR-00014796
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