{
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    "page_number": "29",
    "document_number": "779",
    "date": "08/22/22",
    "document_type": "court transcript",
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  "full_text": "Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 29 of 101 29 M6SQmax1 the defendant was an organizer or leader, and that the criminal activity either involved five or more participants or was otherwise extensive. The guidelines defines a participant as a person who is criminally responsible for the commission of the offense but need not have been convicted. So I think my question for the government is, you're asking the Court to look to as a criminally responsible -- a person who is criminally responsible for the commission of the offense over whom Ms. Maxwell exercised supervisory or leadership role. MS. MOE: Yes, your Honor. As we noted in our briefing, our view is that the trial evidence establishes that the defendant had a supervisory role over Sarah Kellen. Here, we're not required to establish that there were five or more participants; that is, people who were criminally responsible for the charged conduct, but rather that it was extensive, and that the defendant supervised at least one other person. That's the text of the commentary, although as we noted, the Second Circuit in applying this factor hasn't really engaged with that from what we can tell, but on the factual question of the trial record and whether it establishes the defendant supervised another participant, it absolutely does. THE COURT: And the government is pointing to Sarah Kellen for that conclusion, which you agree, there has to be one criminally responsible participant who we can point to. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014776",
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      "content": "the defendant was an organizer or leader, and that the criminal activity either involved five or more participants or was otherwise extensive. The guidelines defines a participant as a person who is criminally responsible for the commission of the offense but need not have been convicted. So I think my question for the government is, you're asking the Court to look to as a criminally responsible -- a person who is criminally responsible for the commission of the offense over whom Ms. Maxwell exercised supervisory or leadership role. MS. MOE: Yes, your Honor. As we noted in our briefing, our view is that the trial evidence establishes that the defendant had a supervisory role over Sarah Kellen. Here, we're not required to establish that there were five or more participants; that is, people who were criminally responsible for the charged conduct, but rather that it was extensive, and that the defendant supervised at least one other person. That's the text of the commentary, although as we noted, the Second Circuit in applying this factor hasn't really engaged with that from what we can tell, but on the factual question of the trial record and whether it establishes the defendant supervised another participant, it absolutely does. THE COURT: And the government is pointing to Sarah Kellen for that conclusion, which you agree, there has to be one criminally responsible participant who we can point to.",
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      "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014776",
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  "entities": {
    "people": [
      "Ms. Maxwell",
      "Sarah Kellen",
      "MS. MOE"
    ],
    "organizations": [
      "SOUTHERN DISTRICT REPORTERS, P.C.",
      "Second Circuit"
    ],
    "locations": [],
    "dates": [
      "08/22/22"
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    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "779",
      "DOJ-OGR-00014776"
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}