Common use of Offense Level Calculations Clause in Contracts

Offense Level Calculations. i. The base offense level for Count One is 7, pursuant to Guideline § 2B1.1(a)(1). The loss to victim individuals and/or local financial institutions as a result of the scheme and relevant conduct is at least $30,000 and as a result, the offense level is increased by 6 levels, to 13, pursuant to Guideline § 2B1.1(b)(1)(D). The offense involved 10 or more victims, and as a result, the offense level is increased by 2 levels, to 15, pursuant to Guideline § 2B1.1(b)(2)(C). ii. Pursuant to Guideline § 2B1.6, the guideline sentence for Count Two is the term of imprisonment required by Title 18, United States Code, Section 1028A. Pursuant to 18 U.S.C. § 1028A(a)(1), defendant must be sentenced to 2 years’ imprisonment, which must be ordered to run consecutively to any sentence of imprisonment imposed. iii. The base offense level for Count Three is 6, pursuant to Guideline § 2B1.1(a)(2). The offense involved 10 or more victims, and as a result, the offense level is increased by 2 levels, to 8, pursuant to Guideline § 2B1.1(b)(2)(C). iv. Pursuant to Guideline §§ 3D1.3(b) and 3D1.4, the base offense for Counts One and Three is 16. v. Defendant has clearly 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. vi. 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. The 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 ▇▇▇▇▇ 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 for Count One 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. The loss to victim individuals and/or local financial institutions as a result It is further the position of the scheme and relevant conduct is at least $30,000 and as a result, defendant that the offense level is must be increased by 6 levels, to 13, pursuant to Guideline § 2B1.1(b)(1)(D), because the loss exceeded $30,000. viii. The offense involved 10 or more victims, and as a result, It is further the position of the defendant that the offense level is must be increased by 2 levels, to 15, pursuant to Guideline § 2B1.1(b)(2)(C)3B1.3, because defendant abused a position of public trust in a manner that significantly facilitated the commission and concealment of the offense. iiix. Pursuant to Guideline § 2B1.6, If the guideline sentence for Count Two is Court determines at the term time of imprisonment required by Title 18, United States Code, Section 1028A. Pursuant to 18 U.S.C. § 1028A(a)(1), sentencing that defendant must be sentenced to 2 years’ imprisonment, which must be ordered to run consecutively to any sentence of imprisonment imposed. iii. The base offense level for Count Three is 6, pursuant to Guideline § 2B1.1(a)(2). The offense involved 10 or more victims, and as a result, the offense level is increased by 2 levels, to 8, pursuant to Guideline § 2B1.1(b)(2)(C). iv. Pursuant to Guideline §§ 3D1.3(b) and 3D1.4, the base offense for Counts One and Three is 16. v. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his 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 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 her his ability to satisfy any fine or and restitution that may be imposed in this case, a two-level reduction in the offense level is 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). vi. 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 x. If the Court determines that defendant has fully accepted responsibility within the meaning of Guideline § 3E1.1(a), and that the offense level to be is 16 or greater higher prior to determining that defendant is entitled to a two-level the application of any reduction for acceptance of responsibilityresponsibility pursuant to § 3E1.1(a), the government will move for an additional one- one-level reduction in the offense level.level pursuant to Guideline § 3E1.1

Offense Level Calculations. i. The parties agree that the base offense level for Count One the charge in the indictment is 7, pursuant to Guideline § 2B1.1(a)(1). ii. The loss to victim individuals and/or local financial institutions as a result It is the position of the scheme and relevant conduct is at least $30,000 and as a result, United States that the offense level is must be increased by 6 18 levels, to 13, pursuant to Guideline § 2B1.1(b)(1)(D2B1.1(b)(1)(J), because the loss caused by defendant’s offense exceeded $2,500,000. It is defendant’s position that the offense level must be increased by 16 levels, pursuant to Guideline § 2B1.1(b)(1)(I), because the loss caused by his offense exceeded $1,000,000, but was less than $2,500,000. iii. The parties agree that the offense level must be increased by an additional 2 levels, pursuant to Guideline § 2B1.1(b)(2)(A)(i), because defendant’s offense involved 10 or more victims, and as a result, . iv. It is the position of the United States that the offense level is must be increased by an additional 2 levels, to 15, pursuant to Guideline § 2B1.1(b)(2)(C). ii. Pursuant to Guideline § 2B1.6, the guideline sentence for Count Two is the term of imprisonment required by Title 18, United States Code, Section 1028A. Pursuant to 18 U.S.C. § 1028A(a)(12B1.1(b)(10)(C), defendant must be sentenced to 2 years’ imprisonment, which must be ordered to run consecutively to any sentence of imprisonment imposed. iii. The base offense level for Count Three is 6, pursuant to Guideline § 2B1.1(a)(2). The because defendant’s offense involved 10 or more victims, and as a result, the offense level is increased by 2 levels, to 8, pursuant to Guideline § 2B1.1(b)(2)(C). ivsophisticated means. Pursuant to Guideline §§ 3D1.3(b) and 3D1.4, the base offense for Counts One and Three is 16Defendant opposes this enhancement. v. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her 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 her 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. vi. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her 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 Count One the offense of conviction is 718, pursuant to Guideline § 2B1.1(a)(12G2.2(a)(1); ii. The loss Government contends, and the Defendant reserves the right to victim individuals and/or local financial institutions as a result of the scheme and relevant conduct is at least $30,000 and as a resultdisagree, the offense level is increased by 6 levels, to 13, that pursuant to Guideline § 2B1.1(b)(1)(D2G2.2(b)(2). The offense involved 10 or more victims, and as a result, the offense level is increased by 2 levelslevels to level 20, to 15, pursuant to Guideline § 2B1.1(b)(2)(C). ii. Pursuant to Guideline § 2B1.6, because the guideline sentence for Count Two is images defendant possessed involved prepubescent minors and minors under the term age of imprisonment required by Title 18, United States Code, Section 1028A. Pursuant to 18 U.S.C. § 1028A(a)(1), defendant must be sentenced to 2 twelve years’ imprisonment, which must be ordered to run consecutively to any sentence of imprisonment imposed. iii. The base offense level for Count Three is 6Government contends, and the Defendant reserves the right to disagree, that pursuant to Guideline § 2B1.1(a)(22G2.2(b)(4), the offense level is increased by 4 levels to level 24, because the offense involved material that portrays sadistic or masochistic conduct or depictions of violence. iv. The offense involved 10 or more victimsGovernment contends, and as the Defendant reserves the right to disagree, that pursuant to Guideline 2G2.2(b)(5), the offense level is increased by 5 levels to level 29, because the defendant engaged in a resultpattern of activity involving the sexual abuse or exploitation of a minor. v. The Government contends, and the Defendant reserves the right to disagree, that pursuant to Guideline 2G2.2(b)(6), the offense level is increased by 2 levelslevels to level 31, because the offense involved the use of a computer for the possession of the material. vi. The Government contends, and the Defendant reserves the right to 8disagree, that pursuant to Guideline § 2B1.1(b)(2)(C2G2.2(b)(7)(D), the offense level is increased by 5 levels to level 36, because the offense involved 600 or more images. ivvii. Pursuant to Guideline §§ 3D1.3(b) and 3D1.4, the base offense for Counts One and Three is 16. v. Defendant has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for her his criminal conduct. If the government does not receive additional evidence in conflict with this provision, and if defendant continues to accept responsibility for her 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 her 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. viviii. In accord with Guideline § 3E1.1(b), defendant has timely notified the government of her 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.