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Case 1:20-cr-00330-PAE Document 779 _ Filed 08/22/22 Page18of101 18 M6SQmaxl 1 MR. EVERDELL: I guess in the final version, it 2 probably pertains to 172. 3 THE COURT: Thank you. 4 And with that, no further factual objections that need iS) resolution, Mr. Everdell? 6 MR. EVERDELL: Other than the ones we've just 7 discussed, no, your Honor. 8 THE COURT: Ms. Moe? 9 MS. MOE: No, your Honor. Thank you. 10 THE COURT: So, with those rulings, hearing no further 11 objections, with those rulings, otherwise adopt the factual 12 recitations set forth in the PSR. As in all cases, the PSR is 13 sealed and made a part of the record in this matter. If an 14 appeal is taken, counsel on appeal may have access to the PSR 15 without further application to this court. 16 We'll turn now to the guideline calculation. As 17 counsel is aware, am no longer required to follow the United 18 States Sentencing Guidelines, but am still required to 19 consider the applicable guidelines in imposing sentence and 20 must therefore accurately calculate the Sentencing Guideline 21 range. The parties dispute multiple aspects of the guideline 22 calculation. 23 Just to outline the relevant overall calculations, the 24 defense contends that the correct guideline calculation is 51 25 to 63 months' imprisonment. The government contends that the SOUTHERN DISTRICT REPORTERS, P.C.-» (212) 805-0300 DOJ-OGR-00014765