DOJ-OGR-00021594.jpg
519 KB
Extraction Summary
3
People
2
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Court transcript (sentencing hearing)
File Size:
519 KB
Summary
This document is a page from a court transcript (Case 22-1426) detailing the sentencing calculations for a defendant involved in 'prohibited sexual conduct.' The judge calculates a guideline imprisonment range of 210 to 262 months and fines between $20,000 and $200,000 per count. Attorney Ms. Moe interrupts to correct a technical calculation regarding unit analysis under guideline 3D1.4.
People (3)
| Name | Role | Context |
|---|---|---|
| Ms. Moe | Attorney |
Addresses the court to correct a calculation regarding unit analysis and offense levels.
|
| The Court / Judge | Judge |
Speaker delivering the sentencing calculation and guidelines analysis.
|
| Defendant | Defendant |
Subject of the sentencing, noted for engaging in a 'pattern of activity involving prohibited sexual conduct'.
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. | ||
| DOJ |
Department of Justice (referenced in Bates stamp DOJ-OGR)
|
Locations (1)
| Location | Context |
|---|---|
|
Likely SDNY based on 'Southern District Reporters'
|
Relationships (1)
Ms. Moe addresses the judge as 'your Honor' to make a correction.
Key Quotes (3)
"Last, because the defendant engaged in a pattern of activity involving prohibited sexual conduct, the total offense level is increased by 5 from 32 to 37."Source
DOJ-OGR-00021594.jpg
Quote #1
"Under the 2003 Guidelines, a Criminal History Category of I and total offense level of 37, produces a guideline range of 210 to 262 months' imprisonment."Source
DOJ-OGR-00021594.jpg
Quote #2
"MS. MOE: Yes, your Honor. With respect to the unit analysis, we wanted to note that under 3D1.4, a total of 5 units adds 4 levels, not 5 levels."Source
DOJ-OGR-00021594.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,506 characters)
Case 22-1426, Document 78, 06/29/2023, 3536039, Page164 of 217
SA-418
49
M6SQmax1
SA-418
49
M6SQmax1
1 Because there are multiple counts, all within at least
2 four offense levels of each other, I determine 5 units under
3 3D1.4(a). And under 3D1.4, 5 units increases the total offense
4 level of the group with the highest total offense level by 5
5 from 27 to 32.
6 Last, because the defendant engaged in a pattern of
7 activity involving prohibited sexual conduct, the total offense
8 level is increased by 5 from 32 to 37. 4B1.5(b)(1).
9 In conclusion, I find the correct total offense level
10 under the 2003 Guidelines is 37.
11 No party disputes the defendant's Criminal History
12 Category of I.
13 Under the 2003 Guidelines, a Criminal History Category
14 of I and total offense level of 37, produces a guideline range
15 of 210 to 262 months' imprisonment.
16 The range for the fine, again, under the 2003 manual
17 is $20,000 to $200,000 for each count. That's 5E1.2(c)(3).
18 The range for supervised release is three years to
19 life. 5D1.2(a)(1) and (c) and 18 U.S.C. 3583(k), although I
20 believe there is a -- yeah, I think that's supervised release.
21 I don't want to hear repeated objections, but any
22 objections based on anything I said that is new?
23 MS. MOE: Yes, your Honor. With respect to the unit
24 analysis, we wanted to note that under 3D1.4, a total of 5
25 units adds 4 levels, not 5 levels. I think the next layer on
2 four offense levels of each other, I determine 5 units under
3 3D1.4(a). And under 3D1.4, 5 units increases the total offense
4 level of the group with the highest total offense level by 5
5 from 27 to 32.
6 Last, because the defendant engaged in a pattern of
7 activity involving prohibited sexual conduct, the total offense
8 level is increased by 5 from 32 to 37. 4B1.5(b)(1).
9 In conclusion, I find the correct total offense level
10 under the 2003 Guidelines is 37.
11 No party disputes the defendant's Criminal History
12 Category of I.
13 Under the 2003 Guidelines, a Criminal History Category
14 of I and total offense level of 37, produces a guideline range
15 of 210 to 262 months' imprisonment.
16 The range for the fine, again, under the 2003 manual
17 is $20,000 to $200,000 for each count. That's 5E1.2(c)(3).
18 The range for supervised release is three years to
19 life. 5D1.2(a)(1) and (c) and 18 U.S.C. 3583(k), although I
20 believe there is a -- yeah, I think that's supervised release.
21 I don't want to hear repeated objections, but any
22 objections based on anything I said that is new?
23 MS. MOE: Yes, your Honor. With respect to the unit
24 analysis, we wanted to note that under 3D1.4, a total of 5
25 units adds 4 levels, not 5 levels. I think the next layer on
SOUTHERN DISTRICT REPORTERS, P.C. ...
(212) 805-0300
(212) 805-0300
DOJ-OGR-00021594
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