Offense Level Calculations i. The base offense level is 22, pursuant to Guideline §2G2.2(a)(2).
ii. Pursuant to Guideline § 2G2.2(b)(2), the offense level is increased by two levels because the material involved prepubescent minors.
iii. Pursuant to Guideline § 2G2.2(b)(3)(F), the offense level is increased by two levels because the offense involved distribution.
iv. Pursuant to Guideline § 2G2.2(b)(4), the offense level is increased by four levels because the offense and relevant conduct involved material that portrayed sadistic or masochistic conduct and other depictions of violence.
v. The government reserves the right to argue and present evidence demonstrating that, pursuant to Guideline § 2G2.2(b)(5), the offense level should be increased by five levels because the defendant engaged in a pattern of activity involving the sexual abuse or exploitation of a minor. The defendant reserves the right to disagree.
vi. Pursuant to Guideline § 2G2.2(b)(6), the offense level is increased by two levels because the offense involved the use of a computer.
vii. Pursuant to Guideline § 2G2.2(b)(7)(D), the offense level is increased by five levels because the offense and relevant conduct involved over 600 images.
viii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate.
ix. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. The base offense level for the offense of conviction is 26, pursuant to Guideline § 2M5.1(a)(1)(A), because such offense involved the evasion of national security controls or controls relating to the proliferation of nuclear, biological, or chemical weapons or materials.
ii. The base offense level for the stipulated offense is 26, pursuant to Guideline § 2M5.1(a)(1)(A), because such offense involved the evasion of national security controls or controls relating to the proliferation of nuclear, biological, or chemical weapons or materials.
iii. Pursuant to Guideline § 3D1.4, because the offense levels for the offense of conviction and the stipulated offense are not group, there are two Units and the offense level is increased by 2 levels.
iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.
v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. The base offense level is 7, pursuant ne § 2B1.1(a)(1).
ii. The government contends, and the defendant reserves the right to disagree, that the offense level must be increased by 10 levels to level 17 pursuant to Guideline § 2B1.1(b)(1)(F) because the loss was more than $120,000.
iii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate.
iv. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one- level reduction in the offense level.
Offense Level Calculations i. The base offense level is 8, pursuant to Guideline § 2B4.1(a).
ii. The offense level is increased by 14 levels pursuant to Guideline § 2B4.1(b)(1)(B) and Guideline § 2B1.1(b)(1)(H) because the value of the bribes paid was approximately $592,000, which is more than $400,000, but less than $1,000,000.
iii. The offense level is increased by 2 levels pursuant to Guideline § 3B1.3 because defendant abused a position of public trust in a manner that significantly facilitated the commission or concealment of the offense.
iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.
v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. The base offense level for defendant’s offense of conviction is 33, pursuant to Guideline §§ 2K1.4(c)(1), 2M6.1(c)(2) and 2A2.1(a)(1).
ii. Defendant’s offense level should be raised by 4 levels pursuant to Guideline § 2A2.1(b)(2) because defendant requested and received money for engaging in the offense conduct.
iii. Defendant’s offense level should be raised by 12 levels pursuant to Guideline § 3A1.4(a) because the offense of conviction involves and was intended to promote a federal crime of terrorism as defined in Title 18, United States Code, Section 2332b(g)(5).
iv. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.
v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one- level reduction in the offense level.
Offense Level Calculations i. The offense level is 16, pursuant to Guideline § 2A3.5(a)(1) because the defendant is a Tier III offender.
ii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.
iii. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. The base offense level is 6, pursuant to Guideline
iii. Pursuant to Guideline § 3B1.3, defendant’s offense level is increased by 2 levels because defendant used a position of public or private trust in a manner that significantly facilitated the commission of the offense.
iv. Defendant clearly has demonstrated a recognition and affirmative acceptance of personal responsibility for her criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to her ability to satisfy any fine or restitution that may be imposed in this case, a two-level reduction in the offense level is appropriate.
v. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. It is the position of the government that the base offense level is 26 pursuant to Guideline § 2M5.1(a)(1)(A) because national security controls and controls relating to the proliferation of nuclear, biological, or chemical weapons or materials were evaded. It is the position of the defendant that the base offense level is 14 pursuant to Guideline § 2M5.1(a)(2).
ii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.
iii. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the Court to allocate its resources efficiently. Therefore, as provided by Guideline § 3E1.1(b), if the Court determines the offense level to be 16 or greater prior to determining that defendant is entitled to a two-level reduction for acceptance of responsibility, the government will move for an additional one-level reduction in the offense level.
Offense Level Calculations i. It is the position of the United States that the relevant conduct establishes a scheme that deprived the City of Rockford and the citizens of Rockford, Winnebago County, and Xxxxx County of their intangible right to defendant’s honest services. As a result, it is the position of the United States that the applicable offense guideline is Guideline § 2C1.1.
ii. It is further the position of the United States that the base offense level is 14, pursuant to Guideline § 2C1.1(a)(1).
iii. It is further the position of the United States that the offense level must be increased by 2 levels, pursuant to Guideline § 2C1.1(b)(1), because the offense involved more than one bribe or extortion.
iv. It is further the position of the United States that the offense level must be increased by 6 levels, pursuant to Guideline § 2C1.1(b)(2), because the value of the benefits obtained by the defendant exceeded $30,000.
v. It is the position of the defendant that the applicable offense guideline is Guideline § 2B1.1.
vi. It is further the position of the defendant that the base offense level is 7, pursuant to Guideline § 2B1.1(a)(1).
vii. It is further the position of the defendant that the offense level must be increased by 6 levels, pursuant to Guideline § 2B1.1(b)(1)(D), because the loss exceeded $30,000.
viii. It is further the position of the defendant that the offense level must be increased by 2 levels, pursuant to Guideline § 3B1.3, because defendant abused a position of public trust in a manner that significantly facilitated the commission and concealment of the offense.
ix. If the Court determines at the time of sentencing that defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine and restitution that may be imposed in this case, a two-level reduction in the offense level will be appropriate. The government reserves the right to take whatever position it deems appropriate at the time of sentencing with respect to whether defendant has accepted responsibility within the meaning of Guideline § 3E1.1(a).
x. If the Court determines that defendant has fully accepted responsibility within the meaning of Guideline § 3E1.1(a), and that the offense level is 16 or higher prior to the applicatio...
Offense Level Calculations i. The base offense level is 6, pursuant to Guideline § 2B1.1(a)(2).
ii. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for his actions within the meaning of Guideline § 3E1.1(a), including by furnishing the United States Attorney’s Office and the Probation Office with all requested financial information relevant to his ability to satisfy any fine that may be imposed in this case, a two-level reduction in the offense level is appropriate.
