United States First Circuit

Conviction and sentence based on guilty plea to conspiracy to commit money laundering criminal forfeiture is affirmed over claims that: 1) six-level enhancement, under U.S.S.G. section 2S1.1(b)(1), was based on an erroneous factual finding by the district court that defendant knew the laundered funds were intended to promote offenses involving the manufacture, importation, or distribution of controlled substances; and 2) the two-level enhancement under U.S.S.G. section 2S1.1(b)(2)(B) was applied to him in violation of the sentencing guideline commentary.

Appellate Information

• Decided 03/23/2007
• Published 03/23/2007

Judges

• STAHL, Senior Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Luis R. Rivera-González by Appointment of the Court for appellant.


• For Appellees:
  
• Timothy R. Henwood, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, Chief, Appellate Division, and Germán A. Rieckehoff, Assistant United States Attorney, were on brief for appellee.