DOJ-OGR-00021563.jpg
503 KB
Extraction Summary
3
People
2
Organizations
0
Locations
1
Events
3
Relationships
3
Quotes
Document Information
Type:
Court transcript
File Size:
503 KB
Summary
This document is a court transcript from a hearing on June 29, 2023. The judge finalizes objections, adopts the Pre-Sentence Report (PSR) into the record, and begins to address the disputed sentencing guideline calculation. The judge notes the defense's position that the correct sentence is 51 to 63 months' imprisonment.
People (3)
| Name | Role | Context |
|---|---|---|
| MR. EVERDELL | Counsel |
Speaking to the court regarding factual objections and sentencing guidelines.
|
| THE COURT | Judge |
Presiding over the hearing, making rulings, and discussing the sentencing calculation.
|
| MS. MOE | Counsel |
Responding to the court's question about further objections.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| United States Sentencing Guidelines | Government agency / Legal framework |
Mentioned as the framework for calculating the sentence, which the court is required to consider but not strictly fol...
|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the page as the court reporting service.
|
Timeline (1 events)
2023-06-29
A court proceeding to resolve factual objections and determine the correct sentencing guideline calculation. The court adopted the factual recitations in the PSR and noted a dispute between the defense and the government on the guideline calculation.
Courtroom (implied)
Relationships (3)
Mr. Everdell addresses the judge as 'your Honor' and responds to direct questions within a formal court proceeding.
Ms. Moe addresses the judge as 'your Honor' and responds to direct questions within a formal court proceeding.
They represent opposing sides (defense and government, implied by context) in a dispute over sentencing calculations.
Key Quotes (3)
"As in all cases, the PSR is sealed and made a part of the record in this matter."Source
— THE COURT
(The judge is explaining the status and handling of the Pre-Sentence Report (PSR).)
DOJ-OGR-00021563.jpg
Quote #1
"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."Source
— THE COURT
(The judge is explaining the legal standard for applying the sentencing guidelines post-Booker decision.)
DOJ-OGR-00021563.jpg
Quote #2
"Just to outline the relevant overall calculations, the defense contends that the correct guideline calculation is 51 to 63 months' imprisonment."Source
— THE COURT
(The judge is stating the defense's position on the appropriate sentencing range.)
DOJ-OGR-00021563.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,334 characters)
Case 22-1426, Document 78, 06/29/2023, 3536039, Page133 of 217
SA-387
18
M6SQmax1
MR. EVERDELL: I guess in the final version, it
probably pertains to 172.
THE COURT: Thank you.
And with that, no further factual objections that need
resolution, Mr. Everdell?
MR. EVERDELL: Other than the ones we've just
discussed, no, your Honor.
THE COURT: Ms. Moe?
MS. MOE: No, your Honor. Thank you.
THE COURT: 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.
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.
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
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00021563
SA-387
18
M6SQmax1
MR. EVERDELL: I guess in the final version, it
probably pertains to 172.
THE COURT: Thank you.
And with that, no further factual objections that need
resolution, Mr. Everdell?
MR. EVERDELL: Other than the ones we've just
discussed, no, your Honor.
THE COURT: Ms. Moe?
MS. MOE: No, your Honor. Thank you.
THE COURT: 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.
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.
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
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00021563
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