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20 a1 22 23 24 25 Case 22-1426, Document Oo N_ANG 3536039, Page152 of 217 Me6eSQmaxl United States v. sentence than the application of the guidelines in pl the def Gu last date of becam 2004 guidelines. The controlling date Guerrero, the parties and the proba Fendant committed her o the of Fectiv the last date of government bears charged a decad indictment alleged ended in 2004. on November 1, fense of 910 F.3d 72 the current Guidelines would result in Ffense, wh (2d Cir. 2018). 37 Here, tion department agree that applying a significantly longer ace when conviction 2004. Because the o the burden of long conspiracy of for ex post fF persuasion. It's proof ther that is the 2003 facto purposes is the . The 2004 Guidelines So I must fFfense was after November 1, it seeks an increased punishment, sexual abuse determine if 2004. the The government that the at conspiracy continued in 2004 related to Carolyn. charged conspiracy had to end no later than very because that's when Carolyn turned 18 and can no deemed a victim of the which proscribes conduct age of this issue based on portions of Les So the government purpor federal sex-traf trial that the And the early 2005 longer be Ficking of Fense charged t with respect 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. my to Let me state clearly, be a credible wi found tness, factual conclusions on the PSR objections, , as as did the jury. said repeatedly found Carol in SOUTHE RN D STR 12) CT REPORTERS, 805-0300 PaGu 0 yn The question before DOJ-OGR-00021582