DOJ-OGR-00021594.pdf

Case 22-1426, Document 78, 06/29/2023, 3536039, Page164 of 217 SA-418 M6SQmax1 49 1 Because there are multiple counts, all within at least 2 four offense levels of each other, I determine 5 units under 3 3D1.4(a). And under 3D1.4, 5 units increases the total offense 4 level of the group with the highest total offense level by 5 5 from 27 to 32. 6 Last, because the defendant engaged in a pattern of 7 activity involving prohibited sexual conduct, the total offense 8 level is increased by 5 from 32 to 37. 4B1.5(b)(1). 9 In conclusion, I find the correct total offense level 10 under the 2003 Guidelines is 37. 11 No party disputes the defendant's Criminal History 12 Category of I. 13 Under the 2003 Guidelines, a Criminal History Category 14 of I and total offense level of 37, produces a guideline range 15 of 210 to 262 months' imprisonment. 16 The range for the fine, again, under the 2003 manual 17 is $20,000 to $200,000 for each count. That's 5E1.2(c)(3). 18 The range for supervised release is three years to 19 life. 5D1.2(a)(1) and (c) and 18 U.S.C. 3583(k), although I 20 believe there is a -- yeah, I think that's supervised release. 21 I don't want to hear repeated objections, but any 22 objections based on anything I said that is new? 23 MS. MOE: Yes, your Honor. With respect to the unit 24 analysis, we wanted to note that under 3D1.4, a total of 5 25 units adds 4 levels, not 5 levels. I think the next layer on SOUTHERN DISTRICT REPORTERS, P.C... (212) 805-0300 DOJ-OGR-00021594