mirror-epstein-docs/results/IMAGES008/DOJ-OGR-00021146.json

{
  "document_metadata": {
    "page_number": "99",
    "document_number": "59",
    "date": "02/28/2023",
    "document_type": "court document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 22-1426, Document 59, 02/28/2023, 3475902, Page99 of 113\neven after it was made aware that its sentence was predicated on a miscalculation in the first instance.\n\nImportantly, the court procedurally erred because it then failed to provide reasons for its upward variance both orally and in writing. 18 U.S.C. Section 3553(c)(2).\n\nC. The District Court improperly applied the four-level aggravating role adjustment under USSG § 3B1.1.\n\nThe court erred in applying the four-level aggravating role enhancement under USSG §3B1.1. Were this enhancement not applied, the proper offense level would be 33, which would correspond to a lesser guideline range of 135-168 months. To qualify for the enhancement under USSG §3B1.1, “the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.” USSG §3B1.1., cmt. n.2. A “participant is defined as ‘a person who is criminally responsible for the commission of the offense but need not have been convicted.’ Id.\n\nThe Government argued that Maxwell supervised Sarah Kellen. Yet the trial evidence belies this assertion. During the trial, Carolyn testified that Kellen scheduled massage appointments for her and took nude pictures of her at the Palm Beach residence. Tr. 1527-28; 1538-39. The Government acknowledged that",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 22-1426, Document 59, 02/28/2023, 3475902, Page99 of 113",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "even after it was made aware that its sentence was predicated on a miscalculation in the first instance.",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "Importantly, the court procedurally erred because it then failed to provide reasons for its upward variance both orally and in writing. 18 U.S.C. Section 3553(c)(2).",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "C. The District Court improperly applied the four-level aggravating role adjustment under USSG § 3B1.1.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "The court erred in applying the four-level aggravating role enhancement under USSG §3B1.1. Were this enhancement not applied, the proper offense level would be 33, which would correspond to a lesser guideline range of 135-168 months. To qualify for the enhancement under USSG §3B1.1, “the defendant must have been the organizer, leader, manager, or supervisor of one or more other participants.” USSG §3B1.1., cmt. n.2. A “participant is defined as ‘a person who is criminally responsible for the commission of the offense but need not have been convicted.’ Id.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "The Government argued that Maxwell supervised Sarah Kellen. Yet the trial evidence belies this assertion. During the trial, Carolyn testified that Kellen scheduled massage appointments for her and took nude pictures of her at the Palm Beach residence. Tr. 1527-28; 1538-39. The Government acknowledged that",
      "position": "bottom"
    },
    {
      "type": "printed",
      "content": "84",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00021146",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Maxwell",
      "Sarah Kellen",
      "Carolyn"
    ],
    "organizations": [
      "Government"
    ],
    "locations": [
      "Palm Beach"
    ],
    "dates": [
      "02/28/2023"
    ],
    "reference_numbers": [
      "Case 22-1426",
      "Document 59",
      "3475902",
      "USSG §3B1.1",
      "18 U.S.C. Section 3553(c)(2)",
      "Tr. 1527-28",
      "Tr. 1538-39",
      "DOJ-OGR-00021146"
    ]
  },
  "additional_notes": "The document appears to be a court transcript or legal brief, discussing a case involving Maxwell and the application of sentencing guidelines."
}