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be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE M6éSOmaxl ukie som United States v. Circuit case a minor can be the vic initiates a sexual mee Lay, Cases 583 F.3d 436 defendant's objection. tra charged period. be considered a separate count of I next turn PSR Guideline calcula tion. Melissa were minor victims ot Document 737 [ do for that proposition. Streb, 36 F.4th 782. Filed 07/22/22 Page 47 of 101 47] Watkins 667 F.3d at 265; Tha t's and Eighth Probation departmen provision only becaus This is an incorrec calculation. Sex O Fficked and abused by the det from 2022. Courts have repeatedly concluded that tim of undue influence even if the minor ting. See, for example, United States v. (6h Cir. 2009). [ therefore overrule th to the government's only objection to the find that Virginia Roberts and nses fendant and they wer oD Epstein during the The Guidelines requir Relying on commen t basis they wer Second Circuit has instructed " other than those charged in the indic relevant conduct, treated separate count of 691, for sent F.3d 108 and, (2d Cir. if 2012) such conduct conviction." convicti t excluded Virginia and Melissa not named in that each minor victim on. 2G1.1.(d)1. from this the indictment. for excluding them tary by the Commission, t qualifies, (citing 2G1.1 from the the that conduct against victims tment may constitute should be tencing purposes as though it occurred ina I United States V. Wernick, comment note 4). therefore consider Virginia and Melissa as two additional groups of victims and assign each a unit under Section 3D1.4. SOUTHERN DISTR GI REPORT ERS, (212) 805-0300 Ps Ga ® DOJ-OGR-00011566