The appellant challenges her sentence and conviction of one count of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act. The district court did not determine the value of the allegedly laundered funds by calculating the amount involved in the transactions that constituted money laundering. Instead, the district court calculated the amount of loss based on the value of all of the goods and services misappropriated, and used that amount to determine the enhancement by reference to the table in U.S. Sentencing Guidelines §2B1.1. Misapplication of the unambiguous instructions of the Guidelines is plain error. The conviction is affirmed, the sentence is vacated and remanded. 5th U.S. Circuit Court of Appeals, No. 11-31049, 08-28-2013.
United States v. Pratt
August 28, 2013