DOJ-OGR-00011548.jpg
641 KB
Extraction Summary
4
People
3
Organizations
1
Locations
1
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
641 KB
Summary
This document is a court transcript from a case filed on July 22, 2022, detailing a legal argument between a government representative, Ms. Moe, and the Court. The discussion focuses on establishing the defendant, Ms. Maxwell, as an 'organizer or leader' for sentencing purposes by proving she exercised a supervisory role over at least one other criminally responsible participant. The government specifically identifies Sarah Kellen as the individual supervised by Ms. Maxwell, based on evidence from the trial.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Mentioned as the defendant who allegedly exercised a supervisory or leadership role over another person in a criminal...
|
| MS. MOE | Government representative (likely prosecutor) |
A speaker in the transcript, arguing the government's position that the defendant had a supervisory role over Sarah K...
|
| Sarah Kellen | Participant |
Identified as the person over whom Ms. Maxwell allegedly had a supervisory role, and who is considered a 'criminally ...
|
| your Honor | Judge |
Addressed by MS. MOE, referring to the judge presiding over the case.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Second Circuit | government agency |
Mentioned in the context of legal precedent regarding the application of a sentencing factor.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page, likely the court reporting service that transcribed the proceedings.
|
| DOJ-OGR | government agency |
Part of the document identifier 'DOJ-OGR-00011548', likely referring to the Department of Justice.
|
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting agency, 'SOUTHERN DISTRICT REPORTERS, P.C.'
|
Relationships (1)
The government argues that 'the trial evidence establishes that the defendant had a supervisory role over Sarah Kellen' and that 'the defendant supervised at least one other person'.
Key Quotes (2)
"Yes, your Honor. As we noted in our briefing, our view is that the trial evidence establishes that the defendant had a supervisory role over Sarah Kellen."Source
— MS. MOE
(Responding to the Court's question and affirming the government's position on the defendant's leadership role.)
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Quote #1
"And the government is pointing to Sarah Kellen for that conclusion, which you agree, there has to be one criminally responsible participant who we can point to."Source
— THE COURT
(Summarizing and confirming the government's legal argument that Sarah Kellen fulfills the requirement of a supervised participant.)
DOJ-OGR-00011548.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,678 characters)
Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 29 of 101
M6SQmax1
M6SQmax1
1 the defendant was an organizer or leader, and that the criminal
2 activity either involved five or more participants or was
3 otherwise extensive. The guidelines defines a participant as a
4 person who is criminally responsible for the commission of the
5 offense but need not have been convicted.
6 So I think my question for the government is, you're
7 asking the Court to look to as a criminally responsible -- a
8 person who is criminally responsible for the commission of the
9 offense over whom Ms. Maxwell exercised supervisory or
10 leadership role.
11 MS. MOE: Yes, your Honor. As we noted in our
12 briefing, our view is that the trial evidence establishes that
13 the defendant had a supervisory role over Sarah Kellen. Here,
14 we're not required to establish that there were five or more
15 participants; that is, people who were criminally responsible
16 for the charged conduct, but rather that it was extensive, and
17 that the defendant supervised at least one other person.
18 That's the text of the commentary, although as we noted, the
19 Second Circuit in applying this factor hasn't really engaged
20 with that from what we can tell, but on the factual question of
21 the trial record and whether it establishes the defendant
22 supervised another participant, it absolutely does.
23 THE COURT: And the government is pointing to Sarah
24 Kellen for that conclusion, which you agree, there has to be
25 one criminally responsible participant who we can point to.
2 activity either involved five or more participants or was
3 otherwise extensive. The guidelines defines a participant as a
4 person who is criminally responsible for the commission of the
5 offense but need not have been convicted.
6 So I think my question for the government is, you're
7 asking the Court to look to as a criminally responsible -- a
8 person who is criminally responsible for the commission of the
9 offense over whom Ms. Maxwell exercised supervisory or
10 leadership role.
11 MS. MOE: Yes, your Honor. As we noted in our
12 briefing, our view is that the trial evidence establishes that
13 the defendant had a supervisory role over Sarah Kellen. Here,
14 we're not required to establish that there were five or more
15 participants; that is, people who were criminally responsible
16 for the charged conduct, but rather that it was extensive, and
17 that the defendant supervised at least one other person.
18 That's the text of the commentary, although as we noted, the
19 Second Circuit in applying this factor hasn't really engaged
20 with that from what we can tell, but on the factual question of
21 the trial record and whether it establishes the defendant
22 supervised another participant, it absolutely does.
23 THE COURT: And the government is pointing to Sarah
24 Kellen for that conclusion, which you agree, there has to be
25 one criminally responsible participant who we can point to.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00011548
(212) 805-0300
DOJ-OGR-00011548
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