Opinion
No. 03 CR 332
August 18, 2003
MEMORANDUM
This case has been rescheduled for sentencing from time to time, with sentencing now scheduled for 1:15 p.m. August 28, 2003. In the interim this Court has received, in addition to the presentence investigation report ("PSI"), some letters from victims and three supplemental reports (dated July 11, July 30 and August 8, 2003) from the probation officer that summarize other victim impact statements. All of those materials have also been provided to defense counsel and the United States Attorney's Office.
This memorandum is to advise defendant and counsel for both parties that at the time of sentencing this Court will consider one or both of the following bases for possibly imposing a custodial sentence in excess of the range of 37 to 46 months that applies to a total offense level of 21 and a criminal history category of I (the estimate reflected in the PSI):
1. a possible two-level increase in the total offense level, occasioned by the possible application of the vulnerable victim adjustment under Guideline § 3A1.1;
2. a possible upward departure under Guideline § 5K2.0 (or perhaps Guideline § 5K2.3 as well) by reason of what may be found to be the exceptionally severe impact of defendants conduct on numerous victims.
It is not necessary that either counsel address those subjects by written submissions (including any relevant case citations) in advance of the sentencing date, but they should be prepared to discuss both those issues on that date.