DOJ-OGR-00014786.pdf

--- Page 1 --- **Document Header** * Case 1:20-cr-00330-PAE * Document 779 * Filed 08/22/22 * Page 39 of 101 **Case Text** 1. Epstein's house after November 2004 before she turned 18. 2. Message pads entered at trial show contact only before November 1. 3. The government's reliance on two additional pads that were not entered into evidence doesn't change my analysis. The first message GX-4B, it's undated, and the context does not give sufficient confidence that it came after November 1. The other message pad is dated March 1, 2005, which falls outside the scope of the conspiracy alleged in the indictment, and after Carolyn turned 18. Because I cannot on this record find by a preponderance of the evidence that the offense continued during that two-month window after November 1, 2004, and before early 2005, I must apply the 2003 guidelines. Because I find that the date of the offense was not after November 1, 2004, I do not address the defendant's alternative argument that a jury must decide if the 2004 Guidelines apply. 4. Within the Guidelines themselves, the defendant objects to the application of three enhancements in the PSR. She takes issue first with 4B1.5(b). The enhancement statements that the offense level is increased by five if: One, the offense of conviction is a covered sex crime; two, 4B1.5(a) for prior convictions does not apply; three, the defendant engaged in a pattern of activity involving prohibited sexual conduct. All three requirements are met: The defendant was convicted of a covered sex crime; she was not previously sentenced. **Footer** * SOUTHERN DISTRICT REPORTERS, P.C. * (212) 805-0300 * DOJ-OGR-00014786