United States Sixth Circuit

Defendant's conviction and sentence for engaging in monetary transactions in criminally derived property are affirmed where: 1) "proceeds obtained from a criminal offense" in 18 U.S.C. section 1957(f)(2) refers to gross receipts rather than profits, except where an 18 U.S.C. section 1956 predicate offense creates a merger problem that leads to a radical increase in the statutory maximum sentence and only when nothing in the legislative history suggests that Congress intended such an increase; and 2) the restitution order was proper because the victim's loss stemmed directly and proximately from defendant's bank fraud and false statements.

Appellate Information

• Argued 08/04/2009
• Decided 09/02/2009
• Published 09/02/2009

Judges

• Before CLAY and SUTTON, Circuit Judges; THAPAR, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED: Karimbumkara Jayaraman, Law Offices, Memphis, Tennessee, for Appellant. Timothy R. Discenza, Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: Karimbumkara Jayaraman, Law Offices, Memphis, Tennessee, for Appellant. Timothy R. Discenza, Assistant United States Attorney, Memphis, Tennessee, for Appellee.