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- {
- "document_metadata": {
- "page_number": "47",
- "document_number": "779",
- "date": "08/22/22",
- "document_type": "court document",
- "has_handwriting": false,
- "has_stamps": false
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- "full_text": "Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 47 of 101 47 M6SQmax1 cite some cases for that proposition. Watkins 667 F.3d at 265; United States v. Streb, 36 F.4th 782. That's an Eighth Circuit case from 2022. Courts have repeatedly concluded that a minor can be the victim of undue influence even if the minor initiates a sexual meeting. See, for example, United States v. Lay, 583 F.3d 436 (6th Cir. 2009). I therefore overrule the defendant's objection. I next turn to the government's only objection to the PSR Guideline calculation. I do find that Virginia Roberts and Melissa were minor victims of sex offenses -- they were trafficked and abused by the defendant and Epstein during the charged period. The Guidelines require that each minor victim be considered a separate count of conviction. 2G1.1.(d)1. Probation department excluded Virginia and Melissa from this provision only because they were not named in the indictment. This is an incorrect basis for excluding them from the calculation. Relying on commentary by the Commission, the Second Circuit has instructed \"that conduct against victims other than those charged in the indictment may constitute relevant conduct, and, if such conduct qualifies, should be treated for sentencing purposes as though it occurred in a separate count of conviction.\" I United States V. Wernick, 691, F.3d 108 (2d Cir. 2012) (citing 2G1.1 comment note 4). I therefore consider Virginia and Melissa as two additional groups of victims and assign each a unit under Section 3D1.4. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014794",
- "text_blocks": [
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- "type": "printed",
- "content": "Case 1:20-cr-00330-PAE Document 779 Filed 08/22/22 Page 47 of 101 47",
- "position": "header"
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- "type": "printed",
- "content": "M6SQmax1 cite some cases for that proposition. Watkins 667 F.3d at 265; United States v. Streb, 36 F.4th 782. That's an Eighth Circuit case from 2022. Courts have repeatedly concluded that a minor can be the victim of undue influence even if the minor initiates a sexual meeting. See, for example, United States v. Lay, 583 F.3d 436 (6th Cir. 2009). I therefore overrule the defendant's objection.",
- "position": "body"
- },
- {
- "type": "printed",
- "content": "I next turn to the government's only objection to the PSR Guideline calculation. I do find that Virginia Roberts and Melissa were minor victims of sex offenses -- they were trafficked and abused by the defendant and Epstein during the charged period. The Guidelines require that each minor victim be considered a separate count of conviction. 2G1.1.(d)1. Probation department excluded Virginia and Melissa from this provision only because they were not named in the indictment.",
- "position": "body"
- },
- {
- "type": "printed",
- "content": "This is an incorrect basis for excluding them from the calculation. Relying on commentary by the Commission, the Second Circuit has instructed \"that conduct against victims other than those charged in the indictment may constitute relevant conduct, and, if such conduct qualifies, should be treated for sentencing purposes as though it occurred in a separate count of conviction.\" I United States V. Wernick, 691, F.3d 108 (2d Cir. 2012) (citing 2G1.1 comment note 4). I therefore consider Virginia and Melissa as two additional groups of victims and assign each a unit under Section 3D1.4.",
- "position": "body"
- },
- {
- "type": "printed",
- "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014794",
- "position": "footer"
- }
- ],
- "entities": {
- "people": [
- "Virginia Roberts",
- "Melissa",
- "Epstein"
- ],
- "organizations": [
- "Second Circuit",
- "Commission",
- "SOUTHERN DISTRICT REPORTERS, P.C."
- ],
- "locations": [],
- "dates": [
- "08/22/22",
- "2022"
- ],
- "reference_numbers": [
- "1:20-cr-00330-PAE",
- "779",
- "DOJ-OGR-00014794"
- ]
- },
- "additional_notes": "The document appears to be a court transcript or legal document related to a sex offense case. The text is printed and there are no visible stamps or handwritten notes. The document includes citations to various court cases and legal codes."
- }
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