DOJ-OGR-00010569.jpg
742 KB
Extraction Summary
5
People
2
Organizations
4
Locations
3
Events
2
Relationships
7
Quotes
Document Information
Type:
Legal document
File Size:
742 KB
Summary
This legal document, part of a court filing, argues that a defendant's actions satisfy the requirements for a 'covered sex crime' under the U.S. Sentencing Guidelines. The prosecution asserts that the defendant engaged in a pattern of prohibited sexual conduct, including transporting victims (Jane) and non-consensual touching (Jane and Carolyn), justifying a sentencing enhancement. The document refutes the defendant's claim that the guideline is inapplicable, citing case law and the original congressional intent to ensure lengthy incarceration for such offenders.
People (5)
| Name | Role | Context |
|---|---|---|
| Jane | Victim |
Mentioned as a person transported to New York and touched by the defendant.
|
| Carolyn | Victim |
Mentioned as a person whose breasts were touched by the defendant.
|
| Telles | Defendant in a cited case |
Mentioned in the case citation United States v. Telles, where he sexually abused T.B.
|
| T.B. | Victim in a cited case |
Mentioned as the victim of sexual abuse by Telles in the United Kingdom.
|
| Unnamed defendant | Defendant |
The subject of the legal argument, referred to as 'the defendant' throughout the document.
|
Timeline (3 events)
Locations (4)
| Location | Context |
|---|---|
|
The location where the defendant transported Jane.
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|
|
Mentioned as a place the defendant transported from or to, in the context of a Chapter 117 offense.
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Mentioned as the territorial jurisdiction where certain offenses would fall under Chapter 109A.
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|
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The location where Telles abused T.B. in a cited case.
|
Relationships (2)
The document states the defendant transported Jane to New York and touched her breasts.
The document states the defendant touched Carolyn's breasts.
Key Quotes (7)
"covered sex crime"Source
— U.S.S.G. § 4B1.5
(Describing the defendant's offense of conviction.)
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Quote #1
"engaged in a pattern of activity involving prohibited sexual conduct."Source
— Legal standard/guideline
(Describing the defendant's actions.)
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Quote #2
"sexual contact"Source
— 18 U.S.C. §§ 2243, 2244, 2246 (2003)
(Defining the term to include touching of the breast.)
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Quote #3
"gratify the sexual desire of any person,"Source
— 18 U.S.C. §§ 2243, 2244, 2246 (2003)
(Part of the legal definition of 'sexual contact'.)
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Quote #4
"Telles sexually abused T.B. on two separate occasions—the first night he arrived in the United Kingdom and the second night of his trip"Source
— United States v. Telles, 18 F.4th 290, 303 (9th Cir. 2021)
(Quoted from a case citation to support applying an enhancement.)
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Quote #5
"authoritative."Source
— Defendant's Memorandum
(The defendant's description of the background commentary of the Guidelines.)
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Quote #6
"ensure lengthy incarceration for offenders who engage in a pattern of activity involving the sexual abuse or exploitation of"Source
— Congressional directive
(Explaining the purpose behind the Guideline's enactment.)
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Quote #7
Full Extracted Text
Complete text extracted from the document (2,193 characters)
Case 1:20-cr-00330-PAE Document 670 Filed 06/22/22 Page 34 of 55
All three of these requirements are satisfied here. The offense of conviction is a “covered sex crime.” See U.S.S.G. § 4B1.5 app. n.2 (stating that offenses in Chapter 117 of Title 18 are covered sex crimes); 18 U.S.C. § 2423 (located in Chapter 117). The defendant is neither a career offender nor a repeat offender. And the defendant “engaged in a pattern of activity involving prohibited sexual conduct.” As discussed at length above, the defendant transported Jane to New York, a Chapter 117 offense, she transported Virginia, and she touched Jane and Carolyn’s breasts—which would be Chapter 109A offenses had they occurred within the territorial jurisdiction of the United States. See 18 U.S.C. §§ 2243, 2244, 2246 (2003) (defining “sexual contact” to include the touching of the breast with the intent to “gratify the sexual desire of any person,” and criminalizing knowingly engaging in sexual contact with a minor under the age of 16). This is well more than required by the Guidelines. See United States v. Telles, 18 F.4th 290, 303 (9th Cir. 2021) (applying the enhancement where “Telles sexually abused T.B. on two separate occasions—the first night he arrived in the United Kingdom and the second night of his trip”).
The defendant has no serious argument that the text of the Guidelines is inapplicable on these facts. Instead, she argues that the Guideline is only intended to apply to continuing sexual offenders, and so should not be applied to her. (Def. Mem. 11-14). The background commentary incorporates her principle, she adds, and such commentary is “authoritative.” (Id. at 14). This argument fails at each step.
First, applying § 4B1.5(b) to the defendant is entirely consistent with the Guidelines commentary. That commentary explains that the enhancement is meant to prevent repeat sexual offenders from committing further crimes, as the defendant notes. But it also explains that the Guideline was enacted in response to a congressional directive to “ensure lengthy incarceration for offenders who engage in a pattern of activity involving the sexual abuse or exploitation of
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DOJ-OGR-00010569
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