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Case 22-1426, Document ON 306 3536039, Page142 of 217 ctor that is going to increase the amount that this is going 27 t the Court has to consider the weight and th vidence when determining a factor -- a the guidelines, to increase it by. uncorroborated, unadmitted, unreliable message pad ient for that purpose. So if we're relying ona d argument, there is not enough of evidence in the record to support that the conspiracy ended in November or 004. Therefore, the 2003 guidelines must apply. COURT: Okay. I have a question about the hancement, as I said, but anything else you want you didn't have the opportunity to raise in your EVERDELL: Your Honor, just one point about that ue. I think there was a section of the brief where they were trying to show —- this was ut the Court's discretion. We argued the Court n to sentence as if it were the 2003 guidelines. t might not be where the Court is headed, but ut -- COURT: You mean as a variance argument. EVERDELL: Exactly. In that section, the ference to an argument that the defendant was ey into the 2007 time period. M6SOmaxl 1 submission about 2 reliability of 3 sentencing fa 4 especially by 5 And this one 6 is not suffic 7 factual recor 8 9 December of 2 10 LHE 1] leadership en 12 to raise that L3 papers, Mr. Everdell? 14 MR. 15 same book iss 16 government's 17 the point abo 18 has discretio 19 realize tha 20 would point o 21 THE 22 MR. 23 government made re 24 receiving mon 25 pointed to $7 million. I think that is an SOUTHERN DISTRICT REPORTERS, P. (212) 805-0300 [ believe they xtreme stretch, CC. eee DOJ-OGR-00021572