mirror-epstein-docs/results/IMAGES004/DOJ-OGR-00010423.json

{
  "document_metadata": {
    "page_number": "6",
    "document_number": "662",
    "date": "06/15/22",
    "document_type": "court document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 662 Filed 06/15/22 Page 6 of 29 enhancements that were applied in the PSR, the recommended sentencing range under the 2003 Guidelines would be roughly 75% less than the recommended sentencing range under the 2004 Guidelines: 168-210 months based on a Combined Adjusted Offense Level of 35 under the 2003 Guidelines versus 292-365 months based on a Combined Adjusted Offense Level of 40 under the 2004 Guidelines.2 The parties dispute, however, whether the offense conduct ended before or after November 1, 2004, and whether a court or a jury must make that finding. See USSG § 1B1.11, cmt. n.2 (the “last date of the offense of conviction” is the “controlling date for ex post facto purposes”). Probation and the government assert that the 2004 Guidelines apply because the second superseding indictment (the “S2 Indictment”) generally alleges that the criminal conduct ended “in or about 2004” and the Court should find based on the trial testimony and other evidence that the offense conduct continued “through the end of 2004.” See PSR at 58. That is legally and factually incorrect. For the reasons set forth more fully below, the Court must apply the 2003 Guidelines in this case because (1) the jury, not the Court, must determine the end date of the criminal conduct when that fact dictates which Guidelines book applies consistent with the Ex Post Facto Clause; (2) even if the Court may make that determination, the trial record is insufficient to find that the offense conduct continued past November 1, 2004, the effective date of the 2004 Guidelines; and (3) it would not serve the goals of sentencing to apply the harsher 2004 Guidelines in this case when the record is clear that Ms. Maxwell was no longer actively participating in the offense conduct by 2002 or 2003 at the latest.2 The five-point difference in the total offense level is driven by the base offense level. Under the 2003 Guidelines, the applicable base offense level is 19. See USSG § 2G1.1(a)(1) (2003). Under the 2004 Guidelines, the applicable base offense level is 24. See USSG § 2G1.3(a) (2004). Ms. Maxwell disputes the application of many of the enhancements as discussed in Sections II-IV, infra.",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 662 Filed 06/15/22 Page 6 of 29",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "enhancements that were applied in the PSR, the recommended sentencing range under the 2003 Guidelines would be roughly 75% less than the recommended sentencing range under the 2004 Guidelines: 168-210 months based on a Combined Adjusted Offense Level of 35 under the 2003 Guidelines versus 292-365 months based on a Combined Adjusted Offense Level of 40 under the 2004 Guidelines.2 The parties dispute, however, whether the offense conduct ended before or after November 1, 2004, and whether a court or a jury must make that finding. See USSG § 1B1.11, cmt. n.2 (the “last date of the offense of conviction” is the “controlling date for ex post facto purposes”).",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "Probation and the government assert that the 2004 Guidelines apply because the second superseding indictment (the “S2 Indictment”) generally alleges that the criminal conduct ended “in or about 2004” and the Court should find based on the trial testimony and other evidence that the offense conduct continued “through the end of 2004.” See PSR at 58. That is legally and factually incorrect. For the reasons set forth more fully below, the Court must apply the 2003 Guidelines in this case because (1) the jury, not the Court, must determine the end date of the criminal conduct when that fact dictates which Guidelines book applies consistent with the Ex Post Facto Clause; (2) even if the Court may make that determination, the trial record is insufficient to find that the offense conduct continued past November 1, 2004, the effective date of the 2004 Guidelines; and (3) it would not serve the goals of sentencing to apply the harsher 2004 Guidelines in this case when the record is clear that Ms. Maxwell was no longer actively participating in the offense conduct by 2002 or 2003 at the latest.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "2 The five-point difference in the total offense level is driven by the base offense level. Under the 2003 Guidelines, the applicable base offense level is 19. See USSG § 2G1.1(a)(1) (2003). Under the 2004 Guidelines, the applicable base offense level is 24. See USSG § 2G1.3(a) (2004). Ms. Maxwell disputes the application of many of the enhancements as discussed in Sections II-IV, infra.",
      "position": "bottom"
    },
    {
      "type": "printed",
      "content": "2",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00010423",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Ms. Maxwell"
    ],
    "organizations": [],
    "locations": [],
    "dates": [
      "06/15/22",
      "November 1, 2004",
      "2002",
      "2003",
      "2004"
    ],
    "reference_numbers": [
      "Case 1:20-cr-00330-PAE",
      "Document 662"
    ]
  },
  "additional_notes": "The document appears to be a court filing related to the sentencing of Ms. Maxwell. The text discusses the application of sentencing guidelines and the dispute over the offense conduct end date."
}