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be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY Case 1:20-cr-00330-PAE M6SQmaxl Document 779 MR. EVERDELL: No, your Hon THE COURT: briefing. am prepared to rule. The defendant raises calculation of the guideline range c discussed, first, she argues I must rather than the 2004 guidelines. the application of three sentencing government's sole objection guidelines is that Virginia [ will addre considered victims. So and then the government's objections apply. Generally, Fect on the date the guidelines in ef sentenced. 18 U.S.C. po t ~~] a oO a Ke) 20 21 22 23 24 25 Ex Post Facto Clause is violated if under Guidelines issued after she's the new Guidelines provide a higher Filed 08/22/22 [ thank you counsel Beyond that, to the calculation of I begin by determining which of Section 3553(a or. Page 36 of 101 36 We rest on the papers. for your thorough four objections to the ontained in the apply the 2003 g enhancements. PSR. the As we uidelines she objects to The Roberts and Melissa should be ss the defens a sentencing court applies the version of objections the Guideline manuals that the defendant is ) (4) (A) (ii). But the a defendant is sentenced committed her of sentencing range the version in place at the time of principle of a case called Peugh v. (2013). In that case, a sentencing of a higher range at the time of in that the of the time of fense, cas That's offense. United States, 569 U.S. fense and than the the 530 court must -- in the case the sentencing court Fect when apply the guidelines in ef the offens SOUTHERN D STRICT REPORTERS, P.C.» (212) 805-0 300 sentencing than in place at must was committed. DOJ-OGR-00014783