DOJ-OGR-00011568.pdf

Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 49 of 101 49 M6SQmax1 Because there are multiple counts, all within at least four offense levels of each other, I determine 5 units under 3D1.4(a). And under 3D1.4, 5 units increases the total offense level of the group with the highest total offense level by 5 from 27 to 32. Last, because the defendant engaged in a pattern of activity involving prohibited sexual conduct, the total offense level is increased by 5 from 32 to 37. 4B1.5(b)(1). In conclusion, I find the correct total offense level under the 2003 Guidelines is 37. No party disputes the defendant's Criminal History Category of I. Under the 2003 Guidelines, a Criminal History Category of I and total offense level of 37, produces a guideline range of 210 to 262 months' imprisonment. The range for the fine, again, under the 2003 manual is $20,000 to $200,000 for each count. That's 5E1.2(c)(3). The range for supervised release is three years to life. 5D1.2(a)(1) and (c) and 18 U.S.C. 3583(k), although I believe there is a -- yeah, I think that's supervised release. I don't want to hear repeated objections, but any objections based on anything I said that is new? MS. MOE: Yes, your Honor. With respect to the unit analysis, we wanted to note that under 3D1.4, a total of 5 units adds 4 levels, not 5 levels. I think the next layer on SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00011568