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20 21 22 23 24 25 Case 22-1426, Document 58_02/28/2023, 3475901, Page212 of 221 A-412 37 MeSQmaxl United States v. Guerrero, 910 F.3d 72 (2d Cir. 2018). Here, the parties and the probation department agree that applying the current Guidelines would result in a significantly longer sentence than the application of the guidelines in place when the defendant committed her offense, whether that is the 2003 or 2004 guidelines. The controlling date for ex post facto purposes is the the o last date of becam the last date of the of Because it s government bears the burden of charged a decad Fense of fective on November 1, Fense was ai long conspiracy of conviction. 2004. ks an increased punishment, persuasion. Fter November 1, sexual abuse The 2004 Guidelines So I must determine if 2004. the The government that the indictment alleged ended in 2004. It's proof at trial that the conspiracy continued in 2004 related to Carolyn. And the charged conspiracy had to end no later than very early 2005 because that's when Carolyn turned 18 and can no longer be the deemed a victim of which proscribes conduct with respect 18. age of this issue based on portions of So the government purpor federal sex-traf fFicking offense charged to individuals under the ts to carry its burden on fF Carolyn's testimony and some message pads regarding what occurred in 2004 and 2005. Let me state clearly, found, as said repeatedly in my factual conclusions on the PSR objections, found Carolyn to be a credible witness, as did the jury. The question before SOUTHE RN D STR CT R E PORT ERS, 12) P.C. s#s 805-0300 DOJ-OGR- 00021038