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654 KB
Extraction Summary
7
People
7
Organizations
0
Locations
1
Events
5
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
654 KB
Summary
This legal document, filed on August 22, 2022, is a transcript of a judge's ruling regarding a sentencing calculation. The judge finds that two minor victims, Virginia Roberts and Melissa, were trafficked and abused by the defendant and Epstein and should be considered for sentencing purposes, even though they were not named in the indictment. Citing precedent from the Second Circuit, the judge overrules the defendant's objection and decides to treat the conduct against these two victims as additional counts of conviction.
People (7)
| Name | Role | Context |
|---|---|---|
| Virginia Roberts | Victim |
Mentioned as a minor victim of sex offenses, trafficked and abused by the defendant and Epstein.
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| Melissa | Victim |
Mentioned as a minor victim of sex offenses, trafficked and abused by the defendant and Epstein.
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| Epstein | Perpetrator |
Mentioned as having trafficked and abused Virginia Roberts and Melissa along with the defendant.
|
| Watkins |
Name appears in the case citation 'Watkins 667 F.3d at 265'.
|
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| Streb |
Name appears in the case citation 'United States v. Streb, 36 F.4th 782'.
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| Lay |
Name appears in the case citation 'United States v. Lay, 583 F.3d 436'.
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| Wernick |
Name appears in the case citation 'United States V. Wernick, 691, F.3d 108'.
|
Organizations (7)
| Name | Type | Context |
|---|---|---|
| United States | government agency |
Party in several cited court cases: United States v. Streb, United States v. Lay, and United States V. Wernick.
|
| Eighth Circuit | court |
Mentioned as the court for the 'United States v. Streb' case from 2022.
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| Sixth Circuit | court |
Mentioned as the court for the 'United States v. Lay' case from 2009.
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| Probation department | government agency |
Mentioned as having excluded Virginia and Melissa from a sentencing calculation because they were not named in the in...
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| Commission | government agency |
Mentioned in the context of providing commentary that the Second Circuit relied upon. Likely refers to the U.S. Sente...
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| Second Circuit | court |
Cited as having instructed that conduct against victims not charged in an indictment can be considered relevant condu...
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| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Appears at the bottom of the document, likely the court reporting service that transcribed the proceedings.
|
Timeline (1 events)
2022-08-22
A judge overrules a defendant's objection and finds that two minor victims, Virginia Roberts and Melissa, should be included in the PSR Guideline calculation for sentencing, even though they were not named in the indictment.
Court
Judge (speaker)
Defendant
Government
Relationships (5)
The document states that Virginia Roberts was 'trafficked and abused by the defendant and Epstein'.
The document states that Melissa was 'trafficked and abused by the defendant and Epstein'.
The document states that Virginia Roberts was 'trafficked and abused by the defendant and Epstein'.
The document states that Melissa was 'trafficked and abused by the defendant and Epstein'.
The document states that the victims were 'trafficked and abused by the defendant and Epstein', indicating they acted together.
Key Quotes (1)
"that conduct against victims other than those charged in the indictment may constitute relevant conduct, and, if such conduct qualifies, should be treated for sentencing purposes as though it occurred in a separate count of conviction."Source
— Second Circuit
(An instruction from the Second Circuit, based on commentary by the Commission, cited by the judge to justify including un-indicted victims in sentencing calculations.)
DOJ-OGR-00014794.jpg
Quote #1
Full Extracted Text
Complete text extracted from the document (1,705 characters)
Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 47 of 101
M6SQmax1
M6SQmax1
1 cite some cases for that proposition. Watkins 667 F.3d at 265;
2 United States v. Streb, 36 F.4th 782. That's and Eighth
3 Circuit case from 2022. Courts have repeatedly concluded that
4 a minor can be the victim of undue influence even if the minor
5 initiates a sexual meeting. See, for example, United States v.
6 Lay, 583 F.3d 436 (6h Cir. 2009). I therefore overrule the
7 defendant's objection.
8 I next turn to the government's only objection to the
9 PSR Guideline calculation. I do find that Virginia Roberts and
10 Melissa were minor victims of sex offenses -- they were
11 trafficked and abused by the defendant and Epstein during the
12 charged period. The Guidelines require that each minor victim
13 be considered a separate count of conviction. 2G1.1.(d)1.
14 Probation department excluded Virginia and Melissa from this
15 provision only because they were not named in the indictment.
16 This is an incorrect basis for excluding them from the
17 calculation. Relying on commentary by the Commission, the
18 Second Circuit has instructed "that conduct against victims
19 other than those charged in the indictment may constitute
20 relevant conduct, and, if such conduct qualifies, should be
21 treated for sentencing purposes as though it occurred in a
22 separate count of conviction." I United States V. Wernick,
23 691, F.3d 108 (2d Cir. 2012) (citing 2G1.1 comment note 4). I
24 therefore consider Virginia and Melissa as two additional
25 groups of victims and assign each a unit under Section 3D1.4.
2 United States v. Streb, 36 F.4th 782. That's and Eighth
3 Circuit case from 2022. Courts have repeatedly concluded that
4 a minor can be the victim of undue influence even if the minor
5 initiates a sexual meeting. See, for example, United States v.
6 Lay, 583 F.3d 436 (6h Cir. 2009). I therefore overrule the
7 defendant's objection.
8 I next turn to the government's only objection to the
9 PSR Guideline calculation. I do find that Virginia Roberts and
10 Melissa were minor victims of sex offenses -- they were
11 trafficked and abused by the defendant and Epstein during the
12 charged period. The Guidelines require that each minor victim
13 be considered a separate count of conviction. 2G1.1.(d)1.
14 Probation department excluded Virginia and Melissa from this
15 provision only because they were not named in the indictment.
16 This is an incorrect basis for excluding them from the
17 calculation. Relying on commentary by the Commission, the
18 Second Circuit has instructed "that conduct against victims
19 other than those charged in the indictment may constitute
20 relevant conduct, and, if such conduct qualifies, should be
21 treated for sentencing purposes as though it occurred in a
22 separate count of conviction." I United States V. Wernick,
23 691, F.3d 108 (2d Cir. 2012) (citing 2G1.1 comment note 4). I
24 therefore consider Virginia and Melissa as two additional
25 groups of victims and assign each a unit under Section 3D1.4.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00014794
(212) 805-0300
DOJ-OGR-00014794
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