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Case 1:20-cr-00330-PAE M6SQmaxl Document 779 Filed 08/22/22 Page 41 of 101 Al 1 (2017). 2 Moreover, the defendant fails to prove that 4B1.5(b) 3 was enacted only to prevent future danger to the public. 4 Background commentary explains that aside from recidivism, 5 Congress "directed the Commission to ensure lengthy 6 incarceration for offenders who engage in a pattern of activity 7 involving the sexual abuse or exploitation of minors." That's 8 4B1.5 comment background. 9 Further, the legislative history quoted by the 10 defendant says that Congress increased Guidelines sentences for 11 sexual abuse of minors "to address the egregiousness of these 12 crimes." And, in fact, the defendant's brief cites that 13 believe at 12. Thus, I find no basis for a requirement that 14 must first find the defendant to be a public danger before 15 applying the enhancement. The defendant's remaining argument 16 that applying this enhancement would result in an excessive 17 sentence is appropriately considered as part of the defendant's 18 request for a downward variance. 19 Next the defendant objects to the application 20 3Bl1l.1(a), which we've discussed, which adds four offense levels 2] for her leadership role in a criminal activity. "a court must 22 make two specific factual findings before it can properly 23 enhance a defendant's offense level under 3Bl.1(a): (1) that 24 the defendant was an organizer or leader; and (ii) that the 25 criminal activity involved five or more participants or was SOUTH BRN DISTRICT R EH PORT ERS, (212) 805-0300 Ps Ga ® DOJ-OGR-00014788