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Case 1:20-cr-00330-PAE Document662 Filed 06/15/22 Page 22 of 29 Epstein and Ms. Maxwell ended their romantic relationship and “went their separate ways”: Ms. Maxwell “moved on” from Epstein, stopped coming into the office, started dating other men, and eventually entered a long-term, committed relationship with Ted Waitt. (Tr. 2370-71, 2374, 2378-80). Juan Alessi testified that Kellen “immediately took over” responsibility for answering the phones and scheduling the massage appointments at the Palm Beach residence as soon as she was hired. (Tr. 833). Carolyn herself testified that there was a clear break in time between when Ms. Maxwell called her to schedule massage appointments and when Sarah Kellen called her. (Tr. 1527) (Ms. Maxwell called her in roughly “the first year or two” of her visits to the Palm Beach residence—2001-2002, according to Carolyn—and Kellen called her thereafter). Carolyn recalled seeing Ms. Maxwell in the kitchen office of the Palm Beach residence during the period when Kellen scheduled her massage appointments. (Tr. 1527). But nothing in her testimony indicates that Ms. Maxwell supervised or directed Kellen or that Ms. Maxwell had anything to do with the massage appointments at that time. (/d.). Accordingly, there is no basis in the trial record to conclude that Ms. Maxwell supervised Sarah Kellen in connection with the offense conduct and therefore no basis to apply the aggravating role enhancement. Both Probation and the government contend that the aggravating role enhancement applies because Ms. Maxwell was the organizer or leader of criminal activity relevant to each victim that was “‘otherwise extensive.” (PSR at 58-59). But this position ignores the first step in the analysis. Regardless of whether the criminal activity was “otherwise extensive,” no aggravating role enhancement applies unless Ms. Maxwell supervised another criminal participant in the offense. USSG § 3B1.1, cmt. n.2. The record does not contain any evidence was Epstein’s assistant or Ms. Maxwell’s assistant. (Tr. 204). He further conceded that his best recollection was that Kellen was “an employee who worked with Epstein.” (d.). 18 DOJ-OGR-00010439