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Case 1:20-cr-00330-PAE Document663_ Filed 06/15/22 Page 21 of 77 who have been found guilty of dissimilar conduct.”) (citing Gall v. United States, 552 U.S. 38, 55 (2007)). In addition, a non-guidelines sentence would avoid unwarranted sentencing disparities. It would be plainly unjust to sentence Ghislaine Maxwell as if she were Jeffrey Epstein. Had Epstein been tried on this indictment he would have been exposed to a comparable guideline range. Justice would not be served by sentencing Ms. Maxwell to the extent of the more culpable Epstein. Nor should she be sentenced as if she were Harvey Weinstein. Following a state jury trial convicting him of forcible rape, Weinstein received a prison sentence of 23 years, less than the lowest part of the guideline range calculated by Probation for Ms. Maxwell. Moreover, a non-guidelines sentence would at least mitigate the drastic disparity between the penalties under state and federal law in this case. The predicate state offense in Counts Three and Four — New York Penal Law § 130.55 — is a misdemeanor punishable by a maximum term of 90 days’ imprisonment. See United States v. Brown, 843 F.3d 74, 88-89 & n.2 (2d Cir. 2016) (Pooler, J., dissenting) (noting the stark difference in sentences for offenses involving the sexual exploitation of minors under federal law versus New York State law). Viewing the conduct of conviction in the light most favorable to the government, imposition of a guideline sentence for Ms. Maxwell will lead to inequitable and disparate results. In this case, the goals of sentencing will be achieved by a significant downward variance from the unduly harsh Guidelines range of 292 - 365 months and Probation’s recommended 240- month sentence for offense conduct that occurred 18 to 28 years ago and where a 60-year-old female defendant with no prior- or post-offense history of misconduct requires no rehabilitation by incarceration and poses no risk of recidivism. 20 DOJ-OGR-00010467