DOJ-OGR-00011558.jpg
650 KB
Extraction Summary
5
People
2
Organizations
1
Locations
2
Events
1
Relationships
3
Quotes
Document Information
Type:
Court transcript (ruling/sentencing hearing)
File Size:
650 KB
Summary
This document is page 39 of a court transcript from the sentencing of Ghislaine Maxwell (Case 1:20-cr-00330). The judge is ruling on which sentencing guidelines apply (2003 vs 2004) based on the timeline of evidence involving 'Epstein's house' and a victim named Carolyn. The judge determines that message pads evidence (including exhibit GX-4B) does not sufficiently prove the offense continued after November 1, 2004, leading to the application of the 2003 guidelines and a discussion of the 4B1.5(b) enhancement for a pattern of prohibited sexual conduct.
People (5)
| Name | Role | Context |
|---|---|---|
| Epstein | Associate/Proprietor |
Mentioned in relation to 'Epstein's house' regarding the timeline of events.
|
| Carolyn | Victim/Witness |
Mentioned regarding her age ('turned 18') and the timing of the conspiracy.
|
| The Defendant | Defendant |
Subject of the sentencing and guidelines application (Ghislaine Maxwell, based on Case 1:20-cr-00330).
|
| The Government | Prosecution |
Creating arguments based on reliance on additional message pads.
|
| Speaker (Judge) | Judge |
Speaking in the first person ('I find', 'my analysis') making rulings on sentencing guidelines.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Listed in the footer.
|
|
| DOJ |
Department of Justice, indicated in the Bates stamp DOJ-OGR-00011558.
|
Locations (1)
| Location | Context |
|---|---|
|
Location relevant to the timeline of the offense.
|
Relationships (1)
Discussion of conspiracy scope relative to when Carolyn turned 18.
Key Quotes (3)
"Because I cannot on this record find by a preponderance of the evidence that the offense continued during that two-month window after November 1, 2004, and before early 2005, I must apply the 2003 guidelines."Source
DOJ-OGR-00011558.jpg
Quote #1
"The defendant was convicted of a covered sex crime; she was not previously"Source
DOJ-OGR-00011558.jpg
Quote #2
"The first message GX-4B, it's undated, and the context does not give sufficient confidence that it came after November 1."Source
DOJ-OGR-00011558.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,646 characters)
Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 39 of 101 39
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M6SQmax1
1 Epstein's house after November 2004 before she turned 18.
2 Message pads entered at trial show contact only before
3 November 1.
4 The government's reliance on two additional pads that
5 were not entered into evidence doesn't change my analysis. The
6 first message GX-4B, it's undated, and the context does not
7 give sufficient confidence that it came after November 1. The
8 other message pad is dated March 1, 2005, which falls outside
9 the scope of the conspiracy alleged in the indictment, and
10 after Carolyn turned 18. Because I cannot on this record find
11 by a preponderance of the evidence that the offense continued
12 during that two-month window after November 1, 2004, and before
13 early 2005, I must apply the 2003 guidelines. Because I find
14 that the date of the offense was not after November 1, 2004, I
15 do not address the defendant's alternative argument that a jury
16 must decide if the 2004 Guidelines apply.
17 Within the Guidelines themselves, the defendant
18 objects to the application of three enhancements in the PSR.
19 She takes issue first with 4B1.5(b). The enhancement
20 statements that the offense level is increased by five if:
21 One, the offense of conviction is a covered sex crime; two,
22 4B1.5(a) for prior convictions does not apply; three, the
23 defendant engaged in a pattern of activity involving prohibited
24 sexual conduct. All three requirements are met: The defendant
25 was convicted of a covered sex crime; she was not previously
2 Message pads entered at trial show contact only before
3 November 1.
4 The government's reliance on two additional pads that
5 were not entered into evidence doesn't change my analysis. The
6 first message GX-4B, it's undated, and the context does not
7 give sufficient confidence that it came after November 1. The
8 other message pad is dated March 1, 2005, which falls outside
9 the scope of the conspiracy alleged in the indictment, and
10 after Carolyn turned 18. Because I cannot on this record find
11 by a preponderance of the evidence that the offense continued
12 during that two-month window after November 1, 2004, and before
13 early 2005, I must apply the 2003 guidelines. Because I find
14 that the date of the offense was not after November 1, 2004, I
15 do not address the defendant's alternative argument that a jury
16 must decide if the 2004 Guidelines apply.
17 Within the Guidelines themselves, the defendant
18 objects to the application of three enhancements in the PSR.
19 She takes issue first with 4B1.5(b). The enhancement
20 statements that the offense level is increased by five if:
21 One, the offense of conviction is a covered sex crime; two,
22 4B1.5(a) for prior convictions does not apply; three, the
23 defendant engaged in a pattern of activity involving prohibited
24 sexual conduct. All three requirements are met: The defendant
25 was convicted of a covered sex crime; she was not previously
SOUTHERN DISTRICT REPORTERS, P.C.
.
.
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(212) 805-0300
DOJ-OGR-00011558
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(212) 805-0300
DOJ-OGR-00011558
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