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20 a1 22 23 24 25 Case 22-1426, Document ON AIG 3536039, Page162 of 217 Me6eSQmaxl cite some cases for that proposition. United States v. Streb, 36 F.4th 782. Wa Th 47 tkins 667 F.3d at 265; at's and Eighth Circuit case from 2022. Courts have repeatedly concluded that a minor can be the victim of undue influe nce even if the minor initiates a sexual meeting. See, for example, United States v. Lay, 583 F.3d 436 (6h Cir. 2009). I ther fore overrule th defendant's objection. next turn to the government's only objection to the PSR Guideline calculation. I do find that Virginia Roberts and Melissa were minor victims of sexo ts s they wer trafficked and abused by the defendant and Epstein during the charged period. The Guidelines require t be considered a separate count of convict hat each minor victim 20H. 261.16 (0)1. Probation department excluded Virginia and Melissa from this provision only because they were not named in the indictment. This is an incorrect basis for excluding them from the calculation. Relying on commentary by th Second Circuit has instructed "that condu other than those charged in the indict relevant conduct, and, if such conduct treated for sentencing purposes as though LMen ~L qu e Commission, the ct against victims t may constitute alifies, should be it occurred ina separate count of conviction." I United States V. Wernick, 691, F.3d 108 (2d Cir. 2012) (citing 2G1.1 comment note 4). therefore consider Virginia and Melissa as two additional groups of victims and assign each a unit under Section 3D1.4. SOUTHERN DISTRICT REPORT ERS, (212) 805-0300 PeGu 0 DOJ-OGR-00021592