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Case 22-1426, Document ON 387 3536039, P age133 of 217 18 M6SOmaxl 1 MR. EVERDELL: guess in the final version, it 2 probably pertains to 172. 3 LEE, COURL? Thank you. 4 And with that, no further factual objections that need 5 resolution, Mr. Everdell? 6 MR. EVERDELL: Other than the ones we've just 7 discussed, no, your Honor. 8 THE COURT: Ms. Moe? g MS. MOE: No, your Honor. Thank you. 10 THE COURT: So, with those rulings, hearing no further 11 objections, with those rulings, I otherwise adopt the factual 12 recitations set forth in the PSR. As in all cases, the PSR is 13 sealed and made a part of the record in this matter. If an 14 appeal is taken, counsel on appeal may have access to the PSR 15 without further application to this court. 16 We'll turn now to the guideline calculation. As 17 counsel is aware, am no longer required to follow the United 18 States Sentencing Guidelines, but am still required to 19 consider the applicable guidelines in imposing sentence and 20 must therefore accurately calculate the Sentencing Guideline 21 range. The parties dispute multiple aspects of the guideline 22 calculation. 23 Just to outline the relevant overall calculations, the 24 defense contends that the correct guideline calculation is 5] 25 to 63 months' imprisonment. The government contends that the SOUTHERN DISTRICT REPORTERS, P.C.eee (212) 805-0300 DOJ-OGR-00021563