{
  "document_metadata": {
    "page_number": "41",
    "document_number": "737",
    "date": "07/22/22",
    "document_type": "court document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 41 of 101 41 M6SQmax1 (2017). Moreover, the defendant fails to prove that 4B1.5(b) was enacted only to prevent future danger to the public. Background commentary explains that aside from recidivism, 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.\" That's 4B1.5 comment background. Further, the legislative history quoted by the defendant says that Congress increased Guidelines sentences for sexual abuse of minors \"to address the egregiousness of these crimes.\" And, in fact, the defendant's brief cites that I believe at 12. Thus, I find no basis for a requirement that I must first find the defendant to be a public danger before applying the enhancement. The defendant's remaining argument that applying this enhancement would result in an excessive sentence is appropriately considered as part of the defendant's request for a downward variance. Next the defendant objects to the application 3B1.1(a), which we've discussed, which adds four offense levels for her leadership role in a criminal activity. \"a court must make two specific factual findings before it can properly enhance a defendant's offense level under 3B1.1(a): (i) that the defendant was an organizer or leader; and (ii) that the criminal activity involved five or more participants or was SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011560",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 41 of 101 41",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "M6SQmax1 (2017). Moreover, the defendant fails to prove that 4B1.5(b) was enacted only to prevent future danger to the public. Background commentary explains that aside from recidivism, 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.\" That's 4B1.5 comment background. Further, the legislative history quoted by the defendant says that Congress increased Guidelines sentences for sexual abuse of minors \"to address the egregiousness of these crimes.\" And, in fact, the defendant's brief cites that I believe at 12. Thus, I find no basis for a requirement that I must first find the defendant to be a public danger before applying the enhancement. The defendant's remaining argument that applying this enhancement would result in an excessive sentence is appropriately considered as part of the defendant's request for a downward variance. Next the defendant objects to the application 3B1.1(a), which we've discussed, which adds four offense levels for her leadership role in a criminal activity. \"a court must make two specific factual findings before it can properly enhance a defendant's offense level under 3B1.1(a): (i) that the defendant was an organizer or leader; and (ii) that the criminal activity involved five or more participants or was",
      "position": "main content"
    },
    {
      "type": "printed",
      "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011560",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [],
    "organizations": [
      "Congress",
      "Commission",
      "SOUTHERN DISTRICT REPORTERS, P.C."
    ],
    "locations": [],
    "dates": [
      "07/22/22",
      "2017"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "737",
      "DOJ-OGR-00011560"
    ]
  },
  "additional_notes": "The document appears to be a court transcript or legal document. The text is printed and there are no visible stamps or handwritten notes. The document is well-formatted and easy to read."
}