A sentencing judge may not attribute to an offender responsibility for aspects of a criminal enterprise (such as electricity theft) where there is no evidence connecting the offender to those aspects, even where the offender pleaded guilty to knowingly taking part in the cultivation. However, the offender's wider activities across multiple premises, including hiring vehicles, transporting equipment, paying rent, and renting storage facilities, may properly be taken into account in assessing objective seriousness as being substantially above the bottom of the range. The parity principle does not require similar sentences where co-offenders occupied very different positions in the criminal hierarchy.
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