DOJ-OGR-00021586.jpg
554 KB
Extraction Summary
2
People
4
Organizations
1
Locations
1
Events
1
Relationships
4
Quotes
Document Information
Type:
Court transcript / appellate record
File Size:
554 KB
Summary
This document appears to be a page from a court transcript (Case 22-1426, likely United States v. Maxwell) regarding sentencing. The judge is ruling on the application of sentencing guidelines, specifically rejecting the defendant's argument against enhancement 4B1.5(b) regarding public danger. The text also introduces enhancement 3B1.1(a), discussing the defendant's 'leadership role' as an 'organizer or leader' in criminal activity involving the sexual abuse or exploitation of minors.
People (2)
| Name | Role | Context |
|---|---|---|
| The Defendant | Defendant |
Subject of sentencing proceedings; identified as female ('her leadership role' line 21); arguing against sentencing e...
|
| The Court / The Judge | Adjudicator |
Speaker in the transcript (uses first person 'I find', 'I believe'); ruling on sentencing guidelines.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Congress |
Mentioned regarding legislative history and intent of sentencing guidelines.
|
|
| The Commission |
United States Sentencing Commission; directed by Congress regarding incarceration standards.
|
|
| Southern District Reporters, P.C. |
Court reporting firm listed in footer.
|
|
| DOJ |
Department of Justice (referenced in Bates stamp DOJ-OGR).
|
Timeline (1 events)
Unknown (Transcript processed 06/29/2023)
Locations (1)
| Location | Context |
|---|---|
|
Likely Southern District of New York (SDNY), implied by the court reporters' name.
|
Relationships (1)
Line 21: 'for her leadership role in a criminal activity.'
Key Quotes (4)
"Congress 'directed the Commission to ensure lengthy incarceration for offenders who engage in a pattern of activity involving the sexual abuse or exploitation of minors.'"Source
DOJ-OGR-00021586.jpg
Quote #1
"Thus, I find no basis for a requirement that I must first find the defendant to be a public danger before applying the enhancement."Source
DOJ-OGR-00021586.jpg
Quote #2
"Next the defendant objects to the application 3B1.1(a)... which adds four offense levels for her leadership role in a criminal activity."Source
DOJ-OGR-00021586.jpg
Quote #3
"a court must make two specific factual findings... (i) that the defendant was an organizer or leader; and (ii) that the criminal activity involved five or more participants"Source
DOJ-OGR-00021586.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,579 characters)
Case 22-1426, Document 78, 06/29/2023, 3536039, Page156 of 217
SA-410
41
M6SQmax1
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
SOUTHERN DISTRICT REPORTERS, P.C. ...
(212) 805-0300
DOJ-OGR-00021586
SA-410
41
M6SQmax1
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
SOUTHERN DISTRICT REPORTERS, P.C. ...
(212) 805-0300
DOJ-OGR-00021586
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