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649 KB
Extraction Summary
6
People
2
Organizations
1
Locations
2
Events
3
Relationships
7
Quotes
Document Information
Type:
Legal document
File Size:
649 KB
Summary
This legal document, a page from a court filing, discusses the standards for reviewing a sentence for procedural and substantive reasonableness. It specifically addresses a sentencing enhancement for Maxwell, arguing that the District Court correctly found she had a leadership role based on testimony from two of Epstein's pilots. The pilots testified that Sarah Kellen was Maxwell's assistant, which was corroborated by other testimony describing Maxwell as Epstein's "number two and the lady of the house" in Palm Beach.
People (6)
| Name | Role | Context |
|---|---|---|
| Maxwell |
Mentioned as having “supervised” Sarah Kellen and being Epstein’s “number two and the lady of the house” in Palm Beach.
|
|
| Sarah Kellen | Maxwell's assistant |
Identified as being supervised by Maxwell and described as Maxwell's assistant by Epstein's pilots.
|
| Epstein |
Mentioned in relation to his pilots and his house in Palm Beach.
|
|
| Cavera | Defendant/Appellant |
Mentioned in the case citation 'United States v. Cavera, 550 F.3d 180, 187 (2d Cir. 2008)'.
|
| Gall | Petitioner |
Mentioned in the case citation 'Gall v. United States, 552 U.S. 38, 51 (2007)'.
|
| Robinson | Defendant/Appellant |
Mentioned in the case citation 'United States v. Robinson, 702 F.3d 22, 38 (2d Cir. 2012)'.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| District Court | government agency |
Mentioned as the court that made findings regarding Maxwell's supervision of Sarah Kellen and applied the Sentencing ...
|
| United States | government agency |
Mentioned as a party in several case citations: 'United States v. Cavera', 'Gall v. United States', and 'United State...
|
Timeline (2 events)
Two of Epstein's pilots testified that Sarah Kellen was Maxwell's assistant.
District Court
Epstein's pilots
The District Court found that Maxwell supervised Sarah Kellen, partly based on pilot testimony.
District Court
Locations (1)
| Location | Context |
|---|---|
|
Mentioned as the location where Maxwell was described as Epstein's “number two and the lady of the house”.
|
Relationships (3)
The District Court found that Maxwell “supervised” Sarah Kellen, who was described in testimony as Maxwell's assistant.
Testimony described Maxwell as Epstein’s “number two and the lady of the house” in Palm Beach.
The document refers to them as "Epstein's pilots," indicating they worked for him.
Key Quotes (7)
"amounts to review for abuse of discretion."Source
— United States v. Cavera
(Describing the standard of review for a sentence's reasonableness.)
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Quote #1
"fails to calculate (or improperly calculates) the Sentencing Guidelines range, treats the Sentencing Guidelines as mandatory, fails to consider the [Section] 3553(a) factors, selects a sentence based on clearly erroneous facts, or fails adequately to explain the chosen sentence."Source
— United States v. Robinson
(Defining what constitutes procedural error by a district court in sentencing.)
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Quote #2
"are guidelines—that is, they are truly advisory."Source
— Cavera
(Emphasizing the non-mandatory nature of the Sentencing Guidelines.)
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Quote #3
"generally free to impose sentences outside the recommended range"Source
— Cavera
(Stating a District Court's discretion in sentencing.)
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Quote #4
"informed and individualized judgment."Source
— Cavera
(Describing the basis on which a District Court can impose sentences outside the recommended range.)
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Quote #5
"supervised"Source
— District Court
(The court's finding regarding Maxwell's relationship with Sarah Kellen.)
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Quote #6
"number two and the lady of the house"Source
— unnamed witness testimony
(A description of Maxwell's role in Epstein's Palm Beach residence, used to corroborate pilot testimony.)
DOJ-OGR-00021871.jpg
Quote #7
Full Extracted Text
Complete text extracted from the document (1,675 characters)
Case 2:21-cr-00486-RA Document 1097-1 Filed 10/17/22 Page 424 of 516
We review a sentence for both procedural and substantive
reasonableness, which “amounts to review for abuse of discretion.”52
We have explained that procedural error is found when a district court
“fails to calculate (or improperly calculates) the Sentencing Guidelines
range, treats the Sentencing Guidelines as mandatory, fails to consider
the [Section] 3553(a) factors, selects a sentence based on clearly
erroneous facts, or fails adequately to explain the chosen sentence.”53
The District Court did none of that. It is important to emphasize that
the Sentencing Guidelines “are guidelines—that is, they are truly
advisory.”54 A District Court is “generally free to impose sentences
outside the recommended range” based on its own “informed and
individualized judgment.”55
reasonableness, which “amounts to review for abuse of discretion.”52
We have explained that procedural error is found when a district court
“fails to calculate (or improperly calculates) the Sentencing Guidelines
range, treats the Sentencing Guidelines as mandatory, fails to consider
the [Section] 3553(a) factors, selects a sentence based on clearly
erroneous facts, or fails adequately to explain the chosen sentence.”53
The District Court did none of that. It is important to emphasize that
the Sentencing Guidelines “are guidelines—that is, they are truly
advisory.”54 A District Court is “generally free to impose sentences
outside the recommended range” based on its own “informed and
individualized judgment.”55
With respect to the four-level leadership enhancement, the District
Court found that Maxwell “supervised” Sarah Kellen in part because
of testimony from two of Epstein’s pilots who testified that Kellen was
Maxwell’s assistant. The District Court found that testimony credible,
in part because it was corroborated by other testimony that Maxwell
was Epstein’s “number two and the lady of the house” in Palm Beach,
Court found that Maxwell “supervised” Sarah Kellen in part because
of testimony from two of Epstein’s pilots who testified that Kellen was
Maxwell’s assistant. The District Court found that testimony credible,
in part because it was corroborated by other testimony that Maxwell
was Epstein’s “number two and the lady of the house” in Palm Beach,
52 United States v. Cavera, 550 F.3d 180, 187 (2d Cir. 2008) (en banc). “Regardless of whether
the sentence imposed is inside or outside the Guidelines range, the appellate court must
review the sentence under an abuse-of-discretion standard.” Gall v. United States, 552 U.S.
38, 51 (2007).
the sentence imposed is inside or outside the Guidelines range, the appellate court must
review the sentence under an abuse-of-discretion standard.” Gall v. United States, 552 U.S.
38, 51 (2007).
53 United States v. Robinson, 702 F.3d 22, 38 (2d Cir. 2012).
54 Cavera, 550 F.3d at 189.
55 Id.
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DOJ-OGR-00021871
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