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DOJ-OGR-00010554.jpg
This legal document, part of a court filing, argues that the 2004 U.S. Sentencing Guidelines Manual should be applied to the defendant's case. It refutes the defendant's objections, which are based on the Ex Post Facto Clause, by establishing that the criminal conduct continued until December 31, 2004, after the 2004 Manual became effective. The argument is supported by citations to the Guidelines and Second Circuit case law.
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This legal document, part of a court case, argues against the application of the 2004 Sentencing Guidelines for a defendant whose criminal conduct is alleged to have ended 'in or about 2004'. The filing contends that applying the later, harsher guidelines would be an ex post facto violation, as the jury never made a specific factual finding that the conduct continued past the 2004 Guidelines' effective date. It further argues that having the court, rather than the jury, determine the offense end date would violate the defendant's (Ms. Maxwell's) Sixth Amendment rights.
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