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be N Ww ws Oo OY ~] oO WO Ww a OY 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 779 M6éSOmaxl the defendant was an organizer or leader, activity either involved Filed 08/22/22 Page 29 of 101 29 and that the criminal five or more participants or was otherwis xtensive. The guidelines d person who is criminally responsible offense but need not have been convicted. So I think my question fines a participant as a for the commission of the for the government is, you're asking the Court to look to as a criminally responsible -- a person who is criminally responsible offense over whom Ms. Maxwell leadership role. MS. MOE: Yes, your Honor. for the commission of the xercised supervisory or As we noted in our briefing, our view is that the trial evidence establishes that the defendant had a supervisory role over Sarah Kellen. Here, we're not required to establ participants; that is, peopl lish that ther re five or more Ww le who were criminally responsible for the charged conduct, but ra ther that it was extensive, and that the defendant supervised at least one other person. That's the text of the commentary, although as we noted, the Second Circuit in applying with that from what we can this factor hasn't really engaged tell, but on the the trial record and whether it establishes supervised another participant, factual question of the defendant it absolutely does. THE COURT: And the government is pointing to Sarah Kellen for that conclusion, one criminally responsibl] which you agree, there has to be e participant who we can point to. SOUTHERN D STR GI REPORTERS, (212) 805-0300 DOJ-OGR-00014776