{
  "document_metadata": {
    "page_number": "29",
    "document_number": "737",
    "date": "07/22/22",
    "document_type": "court transcript",
    "has_handwriting": false,
    "has_stamps": false
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  "full_text": "Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 29 of 101\nM6SQmax1\n1 the defendant was an organizer or leader, and that the criminal\n2 activity either involved five or more participants or was\n3 otherwise extensive. The guidelines defines a participant as a\n4 person who is criminally responsible for the commission of the\n5 offense but need not have been convicted.\n6 So I think my question for the government is, you're\n7 asking the Court to look to as a criminally responsible -- a\n8 person who is criminally responsible for the commission of the\n9 offense over whom Ms. Maxwell exercised supervisory or\n10 leadership role.\n11 MS. MOE: Yes, your Honor. As we noted in our\n12 briefing, our view is that the trial evidence establishes that\n13 the defendant had a supervisory role over Sarah Kellen. Here,\n14 we're not required to establish that there were five or more\n15 participants; that is, people who were criminally responsible\n16 for the charged conduct, but rather that it was extensive, and\n17 that the defendant supervised at least one other person.\n18 That's the text of the commentary, although as we noted, the\n19 Second Circuit in applying this factor hasn't really engaged\n20 with that from what we can tell, but on the factual question of\n21 the trial record and whether it establishes the defendant\n22 supervised another participant, it absolutely does.\n23 THE COURT: And the government is pointing to Sarah\n24 Kellen for that conclusion, which you agree, there has to be\n25 one criminally responsible participant who we can point to.\nSOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300\nDOJ-OGR-00011548",
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      "content": "Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 29 of 101",
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    {
      "type": "printed",
      "content": "M6SQmax1\n1 the defendant was an organizer or leader, and that the criminal\n2 activity either involved five or more participants or was\n3 otherwise extensive. The guidelines defines a participant as a\n4 person who is criminally responsible for the commission of the\n5 offense but need not have been convicted.\n6 So I think my question for the government is, you're\n7 asking the Court to look to as a criminally responsible -- a\n8 person who is criminally responsible for the commission of the\n9 offense over whom Ms. Maxwell exercised supervisory or\n10 leadership role.\n11 MS. MOE: Yes, your Honor. As we noted in our\n12 briefing, our view is that the trial evidence establishes that\n13 the defendant had a supervisory role over Sarah Kellen. Here,\n14 we're not required to establish that there were five or more\n15 participants; that is, people who were criminally responsible\n16 for the charged conduct, but rather that it was extensive, and\n17 that the defendant supervised at least one other person.\n18 That's the text of the commentary, although as we noted, the\n19 Second Circuit in applying this factor hasn't really engaged\n20 with that from what we can tell, but on the factual question of\n21 the trial record and whether it establishes the defendant\n22 supervised another participant, it absolutely does.\n23 THE COURT: And the government is pointing to Sarah\n24 Kellen for that conclusion, which you agree, there has to be\n25 one criminally responsible participant who we can point to.",
      "position": "main"
    },
    {
      "type": "printed",
      "content": "SOUTHERN DISTRICT REPORTERS, P.C.\n(212) 805-0300",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00011548",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Ms. Maxwell",
      "Sarah Kellen",
      "MS. MOE"
    ],
    "organizations": [
      "Second Circuit",
      "SOUTHERN DISTRICT REPORTERS, P.C."
    ],
    "locations": [],
    "dates": [
      "07/22/22"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "737",
      "DOJ-OGR-00011548"
    ]
  },
  "additional_notes": "The document appears to be a court transcript with clear and legible text. There are no visible redactions or damage."
}