United States Seventh Circuit

Convictions for conspiracy to commit money laundering and interstate facilities conspiracy claim is reversed in part and affirmed in part where: 1) the evidence is insufficient to support a conviction of money laundering as the disputed costs are essential regular expenses that do not constitute proceeds within the meaning of the statute and the jury received insufficient instructions; 2) there is sufficient evidence to show defendant joined the interstate facilities conspiracy with full knowledge and intent; and 3) witness testimony against co-defendant Myung Ok Lee did not unfairly prejudice and any error in its admission was harmless. Sentence is vacated and remanded for resentencing based on an accurate guideline calculation.

Appellate Information

• Argued 01/09/2008
• Decided 03/11/2009
• Published 03/11/2009

Judges

• TINDER, Circuit Judge., Before WOOD, SYKES, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Michael F. Iasparro (argued), Joseph C. Pedersen, Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee., Paul Flynn, Office of the Federal Defender Program, Chicago, IL, Haneef Omar (argued), Federal Defender Program, Rockford, IL, for Defendant-Appellant, Kenneth Lee., Allen A. Ackerman (argued), Chicago, IL, Patrick A. Tuite, Arnstein & Lehr, Chicago, IL, Haneef Omar, Federal Defender Program, Rockford, IL, for Defendant-Appellant, Myung O. Lee.