Micron Document

EPSTEIN
page 2 / 907 . OCR, unverified

submitted in connection with your objection to that.

5) MS. STERNHEIM: Thank you very much.

THE COURT: Thank you.

All right. Counsel, would you just please confirm

that you've received each other's submissions?

MS. MOE: Yes, your Honor.
MS. STERNHEIM: Yes.
THE COURT: Let's also confirm all submissions are
filed on ECF.
MS. MOE That's correct, your Honor.
MS. STERNHEIM: Yes.
THE COURT: Thank you.
Ms. Moe, I did have the government indicate this ina
letter, but if you would confirm and articulate what the
government has done to notify any crime victims of their rights
under the Justice For All Act?
MS. MOE: Yes, your Honor.
With respect to the six individuals who were proved at
trial to be directly impacted by the offense conduct, the
government has notified those individuals through their counsel
about the sentencing and about their right to be heard.
In addition to that notification, the government has

SOUTH

BRN DISTR

CT REPORTERS, P.C.*

(212) 805-0300

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Case 1:20-cr-00330-PAE Document779 _ Filed 08/22/22
M6SQmaxl

Page 5 of 101 5

used the victim notification page on the U.S. Attorney's Office

website regarding this case about the upcoming sentencing.

THE COURT: And you posted the Court's order there


regarding a process for submission of statements.

MS. MOE:

GI

Yes, your Honor.

THE COURT: Thank you.

We'll turn to the presentence report.

Ms. Sternheim, I know that you have because you've

objected to a lot which we will talk about, but

have you read the presentence report and discussed it

client?

MS. STERNHEIM: Yes, your Honor.

for

the record,

t with your

And, if I may, Mr. Everdell will handle the objections

portion of our presentation.

THE COURT: Okay. We'll get to that in just a moment.

r

Thank you.

Ms. Maxwell, can you please confirm that you've read

the presentence report and had a full opportunity to discuss it

with your counsel?

counsel?

THE DEFENDANT: I did.

THE COURT: Okay.

THE DEFENDANT: I did have an opportunity to read it.

THE COURT: And an opportunity to discuss it with your

Ms. Moe, for the record, have you reviewed th

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

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Case 1:20-cr-00330-PAE

Document 779

Filed 08/22/22

Page 6 of 101 6

M6éSOmaxl
presentence report?

MS. MOE: Yes, your Honor.

THE COURT: Thank you.

So we will turn first -—- we'll set aside first the
guideline calculation. We'll turn to the factual accuracy of
the report. And I did receive substantial factual objections
to factual assertions in the report. am prepared to go
through those with respect to any continuing factual objections
by the defense.

Let me confirm, Ms. Moe, does the government have any
objections to the report regarding factual accuracy?

MS. MOE: None, aside from those which are already
noted in the PSR.

THE COURT: No continuing objections.

MS. MOE: That's correct, your Honor.

THE COURT: Mr. Everdell, I know that you do have
continuing objections. T me where you'd like to begin.

MR. EVERDELL: Well, your Honor, I don't know if the

Court is planning on resolving each and every

discrepancy or dispute or whether ther

the court

will

factual

certain ones that

one

should go

THE

go through each one so that if

report that is being requested

G

through each in detail.

find are relevant to sentencing or whether we

COURT: am prepared to -- what typically do is
there is a correction to the
to be made, whether it's
SOUTHERN DISTRICT REPORTERS, P.C..»
(212) 805-0300

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Case 1:20-cr-00330-PAE

M6SQmaxl

material

continued objec

Juan Alessi'ts testimony that the defendant
targeted Virginia aft

lot.

So

l to sentencing or not,

I believe

MR.

EVERDELL:

Yes,

that's correct,

Document 779

the

THE C

OURT:

overrul

Filed 08/22/22

Page 7 of 101


am prepared to address it.

first -- what

I'm just ge

your

th

tion is to paragraph 22.

Honor.

target Jane.

paragraph. Is

objection is
author of

because a

Paragraph thr Is

MR. E

VERDELL: