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Case 1:20-cr-00330-PAE Document675 Filed 06/25/22 Page 8of21
authority about such harm.” Payne v. Tennessee, 501 U.S. 808, 808 (1991). Speaking directly to
Maxwell in this case is particularly important for these victims. Crime victims often want to speak
“to regain a sense of dignity and respect rather than feeling powerless and ashamed.” Degenhardt, 405
ESupp.2d at 1348 (internal quotation omitted). Here, Sarah and Elizabeth believe it is important
that they be given an opportunity to speak as part of the process of overcoming the horrific impact of
Maxwell's sex trafficking conspiracy on them and others.
II. Regardless of Whether Sarah and Elizabeth are CVRA “Victims,” the Court Undoubtedly
Possesses Discretion to Hear from them at Sentencing Under 18 U.S.C. § 3661
For all the reasons just explained, Sarah and Elizabeth have the right to speak at Maxwell’s
sentencing under the CVRA. Additionally, this Court also possesses broad discretionary power,
derived from statute and common law, to hear from them when determining the appropriate
sentence for Maxwell’s crimes. See 18 U.S.C. § 3661; see also Degenhardt, 405 FSupp.2d at 1343
(discussing the court’s discretionary powers to hear from victims).
The Court’s discretion in this case is important not only because it provides an alternative
basis for considering Sarah’s and Elizabeth's victim impact, but also because the Court may have
other requests to speak at Maxwell’s sentencing. Some of these other victims may not be able to
afford legal counsel to present their arguments to this Court.' Federal courts have wide discretion to
gather information at sentencing subject to only a few constitutional or statutory restrictions. See
United States v. Tucker, 404 U.S. 443, 446 (1972) (“[A] judge may appropriately conduct an inquiry
' Under the CVRA, the Justice Department is obligated to use its “best efforts” to protect the
rights of “crime victims.” 18 U.S.C § 3771(c)(1). We trust that the Department will present factual
and legal arguments in support of victims being heard at sentencing.
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| Filename | DOJ-OGR-00010699.jpg |
| File Size | 671.9 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 2,093 characters |
| Indexed | 2026-02-03 18:01:19.108969 |