DOJ-OGR-00011559.jpg
657 KB
Extraction Summary
3
People
5
Organizations
1
Locations
2
Events
1
Relationships
4
Quotes
Document Information
Type:
Court transcript / sentencing ruling
File Size:
657 KB
Summary
This document is page 40 of a court transcript (Case 1:20-cr-00330) filed on July 22, 2022, related to the sentencing of Ghislaine Maxwell (the defendant). The judge overrules a defense objection regarding sentencing enhancements, affirming that the defendant engaged in a pattern of prohibited sexual conduct with a minor and rejecting the argument that a finding of 'continuing danger to the public' is required by the Guidelines. The judge cites legal precedents (United States v. Sash, NLRB v. SW General) to prioritize the clear text of the Guidelines over background commentary or legislative history.
People (3)
| Name | Role | Context |
|---|---|---|
| The Defendant | Defendant |
Referenced as 'she'; convicted of a sex crime; engaged in prohibited sexual conduct with a minor on at least two sepa...
|
| The Judge | Judge / Speaker |
Referred to as 'I'; ruling on sentencing objections; overruling the defense's objection regarding the 'continuing dan...
|
| Members of Congress | Legislators |
Referenced by the defense regarding statements made about high recidivism rates for sex offenders.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| Sentencing Commission |
Source of background commentary cited by the defense.
|
|
| Congress |
Legislative body whose members made statements regarding sex offender sentencing.
|
|
| Southern District Reporters, P.C. |
Court reporting agency listed in the footer.
|
|
| Department of Justice (DOJ) |
Implied by the footer code 'DOJ-OGR-00011559'.
|
|
| 2d Cir. |
Second Circuit Court of Appeals, referenced in the citation 'United States v. Sash'.
|
Locations (1)
| Location | Context |
|---|---|
|
Implied by 'Southern District Reporters' and area code (212).
|
Relationships (1)
Judge finds defendant engaged in prohibited sexual conduct with a minor on at least two separate occasions.
Key Quotes (4)
"I readily find she engaged in a pattern of activity involving prohibited sexual conduct."Source
DOJ-OGR-00011559.jpg
Quote #1
"Specifically, the Guidelines define a pattern of such activity as the defendant engaging in prohibited sexual conduct with a minor on at least two separate occasions."Source
DOJ-OGR-00011559.jpg
Quote #2
"I overrule this objection because it lacks any basis in the Guidelines."Source
DOJ-OGR-00011559.jpg
Quote #3
"Nor can scattered legislative history override the clear text of the Guidelines, especially when that history amounts to only a few short floor statements which are "among the least illuminating forms of legislative history.""Source
DOJ-OGR-00011559.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,668 characters)
Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 40 of 101 40
M6SQmax1
M6SQmax1
1 convicted of a sex crime; and I readily find she engaged in a
2 pattern of activity involving prohibited sexual conduct.
3 Specifically, the Guidelines define a pattern of such activity
4 as the defendant engaging in prohibited sexual conduct with a
5 minor on at least two separate occasions.
6 The defendant doesn't contest any of these enumerated
7 requirements. Rather, she argues that I may apply this
8 enhancement only if I further find that the defendant poses a
9 continuing danger to the public. Here, the defense draws this
10 requirement from background commentary by the Sentencing
11 Commission and a few statements made by members of the Congress
12 who of emphasized high recidivism rates in enhancing sentences
13 for sex offenders.
14 I overrule this objection because it lacks any basis
15 in the Guidelines. As with all interpretive matters, I start
16 with the text of the Guidelines. If the text is unambiguous, I
17 apply it as written and do not resort to background commentary.
18 United States v. Sash, 396 F.3d 515 (2d Cir. 2005). Commentary
19 cited by the defendant simply provides policy rationale for a
20 particular enhancement. It does not purport to interpret the
21 Guidelines and so is not binding. Nor can scattered
22 legislative history override the clear text of the Guidelines,
23 especially when that history amounts to only a few short floor
24 statements which are "among the least illuminating forms of
25 legislative history." NLRB v. SW General, Inc. 137, S. Ct. 929
2 pattern of activity involving prohibited sexual conduct.
3 Specifically, the Guidelines define a pattern of such activity
4 as the defendant engaging in prohibited sexual conduct with a
5 minor on at least two separate occasions.
6 The defendant doesn't contest any of these enumerated
7 requirements. Rather, she argues that I may apply this
8 enhancement only if I further find that the defendant poses a
9 continuing danger to the public. Here, the defense draws this
10 requirement from background commentary by the Sentencing
11 Commission and a few statements made by members of the Congress
12 who of emphasized high recidivism rates in enhancing sentences
13 for sex offenders.
14 I overrule this objection because it lacks any basis
15 in the Guidelines. As with all interpretive matters, I start
16 with the text of the Guidelines. If the text is unambiguous, I
17 apply it as written and do not resort to background commentary.
18 United States v. Sash, 396 F.3d 515 (2d Cir. 2005). Commentary
19 cited by the defendant simply provides policy rationale for a
20 particular enhancement. It does not purport to interpret the
21 Guidelines and so is not binding. Nor can scattered
22 legislative history override the clear text of the Guidelines,
23 especially when that history amounts to only a few short floor
24 statements which are "among the least illuminating forms of
25 legislative history." NLRB v. SW General, Inc. 137, S. Ct. 929
SOUTHERN DISTRICT REPORTERS, P.C. .
.
.
(212) 805-0300
DOJ-OGR-00011559
.
.
(212) 805-0300
DOJ-OGR-00011559
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document