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Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 41 of 101 41
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1 (2017).
2 Moreover, the defendant fails to prove that 4B1.5(b)
3 was enacted only to prevent future danger to the public.
4 Background commentary explains that aside from recidivism,
5 Congress "directed the Commission to ensure lengthy
6 incarceration for offenders who engage in a pattern of activity
7 involving the sexual abuse or exploitation of minors." That's
8 4B1.5 comment background.
9 Further, the legislative history quoted by the
10 defendant says that Congress increased Guidelines sentences for
11 sexual abuse of minors "to address the egregiousness of these
12 crimes." And, in fact, the defendant's brief cites that I
13 believe at 12. Thus, I find no basis for a requirement that I
14 must first find the defendant to be a public danger before
15 applying the enhancement. The defendant's remaining argument
16 that applying this enhancement would result in an excessive
17 sentence is appropriately considered as part of the defendant's
18 request for a downward variance.
19 Next the defendant objects to the application
20 3B1.1(a), which we've discussed, which adds four offense levels
21 for her leadership role in a criminal activity. "a court must
22 make two specific factual findings before it can properly
23 enhance a defendant's offense level under 3B1.1(a): (i) that
24 the defendant was an organizer or leader; and (ii) that the
25 criminal activity involved five or more participants or was

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DOJ-OGR-00014788