DOJ-OGR-00011568.jpg

Case 1:20-cr-00330-PAE Document 737 Filed 07/22/22 Page 49 of 101 49 M6SQmaxl 1 Because there are multiple counts, all within at least 2 four offense levels of each other, I determine 5 units under 3 3D1.4(a). And under 3D1.4, 5 units increases the tal offense 4 level of the group with the highest total offense level by 5 5) from 27 to 32. 6 Last, because the defendant engaged ina ttern of 7 activity involving prohibited sexual conduct, the tal offense 8 level is increased by 5 from 32 to 37. 4Bl1.5(b) (1). 9 In conclusion, find the correct total offense level 10 under the 2003 Guidelines is 37. 11 No party disputes the defendant's Criminal History 12 Category of 13 Under the 2003 Guidelines, a Criminal History Category 14 of I and total offense level of 37, produces a guideline range 15 of 210 to 262 months' imprisonment. 16 The range for the fine, again, under the 2003 manual 17 is $20,000 to $200,000 for each count. That's 5EF1.2(c) (3). 18 The range for supervised release is three years to 19 life. 5D1.2(a)(1) and (c) and 18 U.S.C. 3583(k), although I 20 believe there is a -—- yeah, I think that's supervised releas 21 I don't want to hear repeated objections, but any 22 objections based on anything I said that is new? 23 MS. MOE: Yes, your Honor. With respect to the unit 24 analysis, we wanted to note that under 3D1.4, a total of 5 25 units adds 4 levels, not 5 levels. [ think the next layer on SOUTHERN DISTRICT REPORTERS, (212) 805-0300 2) DOJ-OGR-00011568