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This Post Continues A Series That Will Comprise The Entirety Of The Matthew Keys Sentencing Documents Filed By The Defense – Part 7   THE STATUTORY SENTENCING FACTORS IN 18 U.S.C. § 3553(a) REQUIRE A SENTENCE BELOW THE GUIDELINES RANGE FOR DEFENDANT MATTHEW KEYS.   The Sentencing Guidelines are not mandatory. It is always within the discretion […]

This Post Continues A Series That Will Comprise The Entirety Of The Matthew Keys Sentencing Documents Filed By The Defense – Part 6 THE PSR LOSS CALCULATION IS CONTRARY TO SENTENCING LAW AND POLICY AND SHOULD BE REDUCED The loss enhancements under USSG §2B1.1 were initially designed to address traditional theft, fraud, and embezzlement offenses.  These […]

This Post Continues A Series That Will Comprise The Entirety Of The Matthew Keys Sentencing Documents Filed By The Defense – Part 5 THERE IS NO BASIS FOR AN ENHANCEMENT FOR AN “AGGRAVATING ROLE,” BECAUSE THE ACTIVITY DID NOT INVOLVE FIVE OR MORE PARTICIPANTS AND KEYS DID NOT EXERCISE MANAGERIAL OR SUPERVISORY CONTROL The PSR recommends […]

This Post Continues A Series That Will Comprise The Entirety Of The Matthew Keys Sentencing Documents Filed By The Defense – Part 4 ARGUMENT       Mr. Keys requests custodial release for the following reasons: The guidelines range calculations apply inappropriate conduct-based enhancements, Keys did not employ “sophisticated means” in these offenses, Keys did not exercise managerial […]

This Post Continues A Series That Will Comprise The Entirety Of The Matthew Keys Sentencing Documents Filed By The Defense – Part 3 BACKGROUND[1] In the latter part of 2010, Matthew Keys entered an Internet chat room populated by high-level and highly skilled hackers belonging to the loosely knit hacking collective “Anonymous.”  He was invited in […]