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569 KB
Extraction Summary
4
People
5
Organizations
1
Locations
2
Events
3
Relationships
4
Quotes
Document Information
Type:
Court transcript / sentencing hearing ruling
File Size:
569 KB
Summary
This document is a page from a court transcript (Case 22-1426, likely US v. Maxwell appeal records) containing a judge's ruling during sentencing. The judge overrules the defendant's objection and sustains the government's objection regarding the PSR Guideline calculation, explicitly finding that Virginia Roberts and Melissa were minor victims trafficked and abused by the defendant and Epstein. Consequently, the judge rules that these victims must be included in the sentencing calculation under Section 3D1.4, despite not being named in the indictment.
People (4)
| Name | Role | Context |
|---|---|---|
| Virginia Roberts | Victim |
Identified by the judge as a minor victim of sex offenses, trafficked and abused by the defendant and Epstein.
|
| Melissa | Victim |
Identified by the judge as a minor victim of sex offenses, trafficked and abused by the defendant and Epstein.
|
| The Defendant | Perpetrator |
Refers to Ghislaine Maxwell (based on Case 22-1426 context); judge rules she trafficked and abused the named victims.
|
| Jeffrey Epstein | Co-conspirator |
Named as having trafficked and abused the victims alongside the defendant.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. | ||
| Probation Department |
Prepared the PSR Guideline calculation which the judge is reviewing.
|
|
| Second Circuit Court of Appeals |
Cited for legal precedent regarding sentencing guidelines.
|
|
| Eighth Circuit Court of Appeals |
Cited for legal precedent.
|
|
| Sixth Circuit Court of Appeals |
Cited for legal precedent (United States v. Lay).
|
Timeline (2 events)
Unknown (Date of Transcript)
Sentencing hearing ruling where the judge determines Virginia Roberts and Melissa are victims for sentencing calculation purposes.
Courtroom
Locations (1)
| Location | Context |
|---|---|
|
Implied jurisdiction based on 'Southern District Reporters'.
|
Relationships (3)
Judge states victims were 'trafficked and abused by the defendant and Epstein'.
Judge finds Virginia Roberts was a minor victim of sex offenses by the defendant.
Judge finds Melissa was a minor victim of sex offenses by the defendant.
Key Quotes (4)
"I do find that Virginia Roberts and Melissa were minor victims of sex offenses -- they were trafficked and abused by the defendant and Epstein during the charged period."Source
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Quote #1
"Probation department excluded Virginia and Melissa from this provision only because they were not named in the indictment. This is an incorrect basis for excluding them from the calculation."Source
DOJ-OGR-00021592.jpg
Quote #2
"I therefore consider Virginia and Melissa as two additional groups of victims and assign each a unit under Section 3D1.4."Source
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Quote #3
"Courts have repeatedly concluded that a minor can be the victim of undue influence even if the minor initiates a sexual meeting."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,680 characters)
Case 22-1426, Document 78, 06/29/2023, 3536039, Page162 of 217
SA-416
SA-416
47
M6SQmax1
1 cite some cases for that proposition. Watkins 667 F.3d at 265;
2 United States v. Streb, 36 F.4th 782. That's and Eighth
3 Circuit case from 2022. Courts have repeatedly concluded that
4 a minor can be the victim of undue influence even if the minor
5 initiates a sexual meeting. See, for example, United States v.
6 Lay, 583 F.3d 436 (6h Cir. 2009). I therefore overrule the
7 defendant's objection.
8 I next turn to the government's only objection to the
9 PSR Guideline calculation. I do find that Virginia Roberts and
10 Melissa were minor victims of sex offenses -- they were
11 trafficked and abused by the defendant and Epstein during the
12 charged period. The Guidelines require that each minor victim
13 be considered a separate count of conviction. 2G1.1.(d)1.
14 Probation department excluded Virginia and Melissa from this
15 provision only because they were not named in the indictment.
16 This is an incorrect basis for excluding them from the
17 calculation. Relying on commentary by the Commission, the
18 Second Circuit has instructed "that conduct against victims
19 other than those charged in the indictment may constitute
20 relevant conduct, and, if such conduct qualifies, should be
21 treated for sentencing purposes as though it occurred in a
22 separate count of conviction." I United States V. Wernick,
23 691, F.3d 108 (2d Cir. 2012) (citing 2G1.1 comment note 4). I
24 therefore consider Virginia and Melissa as two additional
25 groups of victims and assign each a unit under Section 3D1.4.
2 United States v. Streb, 36 F.4th 782. That's and Eighth
3 Circuit case from 2022. Courts have repeatedly concluded that
4 a minor can be the victim of undue influence even if the minor
5 initiates a sexual meeting. See, for example, United States v.
6 Lay, 583 F.3d 436 (6h Cir. 2009). I therefore overrule the
7 defendant's objection.
8 I next turn to the government's only objection to the
9 PSR Guideline calculation. I do find that Virginia Roberts and
10 Melissa were minor victims of sex offenses -- they were
11 trafficked and abused by the defendant and Epstein during the
12 charged period. The Guidelines require that each minor victim
13 be considered a separate count of conviction. 2G1.1.(d)1.
14 Probation department excluded Virginia and Melissa from this
15 provision only because they were not named in the indictment.
16 This is an incorrect basis for excluding them from the
17 calculation. Relying on commentary by the Commission, the
18 Second Circuit has instructed "that conduct against victims
19 other than those charged in the indictment may constitute
20 relevant conduct, and, if such conduct qualifies, should be
21 treated for sentencing purposes as though it occurred in a
22 separate count of conviction." I United States V. Wernick,
23 691, F.3d 108 (2d Cir. 2012) (citing 2G1.1 comment note 4). I
24 therefore consider Virginia and Melissa as two additional
25 groups of victims and assign each a unit under Section 3D1.4.
SOUTHERN DISTRICT REPORTERS, P.C. ...
(212) 805-0300
(212) 805-0300
DOJ-OGR-00021592
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