The defendant, a psychiatrist, challenges multiple aspects of his trial and sentence in this money laundering and health care fraud case. Although there is insufficient evidence of concealment money laundering, there is sufficient evidence to sustain the conviction for money laundering based on promotion of unlawful activity, and it was not plain error for the court not to give a specific unanimity instruction. It was error for the district court to calculate the intended loss without considering the evidence in the record that rebutted the prima facie evidence of intended loss. However, clear evidence in the record that the district court would have imposed the same sentence absent the guidelines calculation errors shows the error was harmless. The conviction and sentence are affirmed. 5th U.S. Circuit Court of Appeals, No. 12-50027, 08-12-2013.
United States v. Valdez
August 12, 2013