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20 a1 22 23 24 25 Case 22-1426, Document Oo N_A0S 3536039, Page154 of 217 6SOmaxl November 1. Epstein's house aft 39 Frer November 2004 before she turned 18. essage pads entered at trial show contact only before The government's reliance on two additional pads that were not entered into evidence doesn't change my analysis. The first message GX-4I B, it's undated, and the context does not give sufficient confidence that it came after November 1. The other message pad is dated March 1, 2005, which falls outside the scope o fF the conspiracy alleged in the indictment, and after Carolyn turned 18. Because I cannot on this record find by a preponderance of the evidence that the offense continued during that two-month window after November 1, 2004, and before early 2005, that the date of I must apply the 2003 guidelines. Because I find do not address the must decide Wi objects to She takes issue if the the offense was not after November 1, 2004, defendant's alternative argument that a jury 2004 Guidelines apply. thin the Guidelines themselves, the defendant the application of three enhancements in the PSR. first with 4Bl1.5(b). The enhancement statements that th One, the of ns 1e) offense level is increased by five if: f conviction is a covered sex crime; two, 4B1.5(a) for prior convictions does not apply; three, the defendant engaged in a pattern of activity involving prohibited sexual conduct. was convicted of a All thr requirements are met: The defendant covered sex crime; she was not previously SOUTHE RN DISTRICT REPORTERS, P.C.eee (212) 805-0300 DOJ-OGR-00021584