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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-14052-CR-CANNON

UNITED STATES OF AMERICA,

Plaintiff,

vs.

NICHOLAS JAMES SORGENFREY, 

Defendant.

 / 

JOINT OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT, 

REQUEST FOR 120-MONTH PRISON SENTENCE, AND NOTICE OF 

ADDITIONAL TIME NEEDED FOR SENTENCING

The parties jointly object to paragraphs 26 (5-level enhancement for 

distribution), 37 (total offense level) and 78 (guideline range) of the PSR.1 Probation 

erroneously applied a 5-level increase under section 2G2.2(b)(3)(B) based on Mr. 

Sorgenfrey’s admission he “would trade and receive pornographic videos and images.” 

[PSR ¶ 16]. However, this enhancement requires evidence the defendant distributed

materials “involving the sexual exploitation of a minor.” U.S.S.G. §2G2.2 app. n. 1. 

The government’s investigation revealed no forensic evidence that Mr. Sorgenfrey

traded materials related to the sexual exploitation of a minor, nor did Mr. Sorgenfrey 

admit as much. Accordingly, the enhancement does not apply. The total offense level 

 

1 To the extent necessary, Mr. Sorgenfrey also objects to paragraph 56. That 

paragraph indicates Mr. Sorgenfrey’s grandmother advised probation he had 

threatened her. Mr. Sorgenfrey submits (and probation has confirmed) this was a 

typographical error. Mr. Sorgnefrey’s father, not Mr. Sorgenfrey, threatened her. 

Case 2:22-cr-14052-AMC Document 38 Entered on FLSD Docket 01/11/2023 Page 1 of 3
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should be 28 and the guideline range should be 78-97 months, which increases to 120 

months because of the statutory mandatory minimum. 

At sentencing, the parties will jointly recommend a sentence of 120 months, as 

outlined in the plea agreement. If this Court disagrees with the parties’ position on 

the distribution enhancement, then the parties will jointly request a downward 

variance to 120 months. In support of the joint sentencing recommendation, Mr. 

Sorgenfrey anticipates presenting mitigation testimony from Dr. Michael Brannon at 

the sentencing hearing. As such, the parties provide notice that the hearing will take 

approximately 90 minutes. 

 Respectfully submitted,

MICHAEL CARUSO

FEDERAL PUBLIC DEFENDER

s/Scott Berry 

Scott Berry, B.C.S.

Assistant Federal Public Defender

Attorney for Defendant

Bar Number: 0525561

450 South Australian Avenue

Suite 500

West Palm Beach, Florida 33401

Phone: (561) 833-6288

Email: scott_berry@fd.org

Case 2:22-cr-14052-AMC Document 38 Entered on FLSD Docket 01/11/2023 Page 2 of 3
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CERTIFICATE OF SERVICE

I HEREBY certify that on January 11, 2023, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. I also certify that the foregoing 

document is being served this day on all counsel of record or pro se parties identified 

on the attached Service List in the manner specified, either via transmission of 

Notices of Electronic Filing generated by CM/ECF or in some other authorized 

manner for those counsel or parties who are not authorized to receive electronically 

Notices of Electronic Filing.

 By: s/Scott Berry

 Scott Berry

Case 2:22-cr-14052-AMC Document 38 Entered on FLSD Docket 01/11/2023 Page 3 of 3