The probation department
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This document is a court transcript from August 22, 2022, detailing a conversation between a judge and a defense counsel, Mr. Everdell, during a sentencing hearing. The judge summarizes the probation department's sentencing recommendation and invites Mr. Everdell to present his arguments. Mr. Everdell argues that the jury, not the court, should determine which version of the sentencing guidelines (2003 or 2004) applies, citing the Ex Post Facto Clause.
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This document is a court transcript from June 29, 2023, capturing a discussion during a sentencing hearing. Counsel Mr. Everdell argues that the jury, not the court, should have determined whether the 2003 or 2004 sentencing guidelines apply, as this is a factual determination tied to when the offense ended and is protected by the Ex Post Facto Clause. The judge is hearing this argument after noting the probation department's recommendation for a 240-month sentence, a downward variance from the calculated range.
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