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Case 1:20-cr-00330-PAE Document670 _ Filed 06/22/22 Page 27 of55 82 (2d Cir. 2008) (same). Specifically, when evaluating whether the “otherwise extensive” prong applies, the sentencing court must consider “(i) the number of knowing participants; (ii) the number of unknowing participants whose activities were organized or led by the defendant with specific criminal intent; (i11) the extent to which the services of the unknowing participants were peculiar and necessary to the criminal scheme.” Carrozzella, 105 F.3d at 803-04. In setting out these factors, the Circuit emphasized that “[t]he number of knowing participants” is “relevant” to the analysis “because a criminal scheme with four knowing participants that is aided by unknowing participants is more likely to be ‘otherwise extensive’ than a scheme with a single knowing participant.” Jd. at 804. Additionally, when evaluating the number of unknowing participants, the Circuit emphasized distinguishing between service providers, such as taxi drivers, from individuals who function more like knowing participants who receive direction from a defendant “with the specific intent” to further the criminal activity. In this analysis, the Circuit did not articulate or rely on any requirement that a defendant must have supervised at least one knowing participant. Jd. Rather, the Court expressly contemplated that the enhancement might apply to an organization involving multiple unknowing participants. See id. Consistent with that understanding, and contrary to the defense’s proposed interpretation, the Circuit has affirmed the application of § 3B1.1 under the “otherwise extensive” prong to two defendants who were themselves the only two knowing participants identified in the scheme. Rubenstein, 403 F.3d at 99. That outcome makes clear that the Circuit does not require a defendant to supervise any other knowing participant in the scheme. Of particular note, the Rubenstein case applied the “otherwise extensive” enhancement” where the two knowing participants worked together, with one serving as a “right-hand man” to the other, while they organized “as many as seven participants who were unknowing,” who worked under the 25 DOJ-OGR-00010562

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Filename DOJ-OGR-00010562.jpg
File Size 756.6 KB
OCR Confidence 94.4%
Has Readable Text Yes
Text Length 2,218 characters
Indexed 2026-02-03 18:00:07.830773