DOJ-OGR-00021582.jpg
571 KB
Extraction Summary
2
People
3
Organizations
0
Locations
3
Events
1
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
571 KB
Summary
This document is a page from a court transcript where a judge discusses the sentencing guidelines applicable to the defendant, Guerrero. The central issue is determining whether the offense, a conspiracy of sexual abuse involving a victim named Carolyn, continued past November 1, 2004, which would trigger harsher 2004 guidelines. The judge states that both they and the jury found Carolyn to be a credible witness, whose testimony is being used to establish the timeline of the crime.
Organizations (3)
| Name | Type | Context |
|---|---|---|
| United States | government agency |
Plaintiff in the case 'United States v. Guerrero'.
|
| probation department | government agency |
Mentioned as agreeing with the parties on the application of sentencing guidelines.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page, likely the court reporting agency that transcribed the proceedings.
|
Timeline (3 events)
2018
The case United States v. Guerrero, 910 F.3d 72 (2d Cir. 2018) was decided.
2d Cir.
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 (speaker)
(The judge is stating their finding on the credibility of the witness Carolyn, which is crucial for determining the facts of the case for sentencing purposes.)
DOJ-OGR-00021582.jpg
Quote #1
Full Extracted Text
Complete text extracted from the document (1,722 characters)
Case 22-1426, Document 78, 06/29/2023, 3536039, Page152 of 217
SA-406
37
M6SQmax1
SA-406
37
M6SQmax1
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.•••
(212) 805-0300
(212) 805-0300
DOJ-OGR-00021582
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