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be NO Ww ws Oo OY ~] oO Ke) a oO he be No (ee) = Hs Oo _ OY a ~] a oO a Ke} 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document779 Filed 08/22/22 M6éSOmaxl said, I don't need repetition of but if there is any additional welcome to. brief. the background commen The government in its papers makes the argument that Page 35 of 101 35 fF the arguments in the papers, points you want to make, you're MR. EVERDELL: Your Honor, just one point. I will be tary can't be relied upon as authoritative because it is not explanatory or interpretative of what the guideline is. think that 1s incorrect. It is not simply a recitation of fF what Congress was considering. That first sentence or two which talks about how this guideline can only be applied to of continuing danger to the community is in fenders who represent a terpretative of what the guideline is. The title of the guideline is repeat and dangerous sex offenders. That explanatory commentary explains how to interpret what dangerous means. continuously dangerous to the community, never been accused of crime in So I don' guidance consider from the Sentencing Commission, it as such. Thank you. MS. MOE: Ez this issue, but thank you. t agree with that point. This is aut It means someone who is not someone who's fF a crime in the 18 plus years since the this case, and has never been accused of re-offending. thoritative THE COURT: Ms. Moe, do you want No, your Honor. We rest the Court should to respond? on our briefing on THE COURT: Thank you. Anything else? SOUTHERN DISTRICT REPORTERS, (212) 805-0300 DOJ-OGR-00014782