U.S. v. Demarest, 570 F.3d 1232 (11th Cir. June 10, 2009)
The defendant appealed his conviction and sentence for three counts of money laundering. The court found that the defendant’s physical and mental efforts on the day in question demonstrated that he was not overly intoxicated. Secondly, the jury was entitled to believe that the defendant was predisposed to commit the crime and not entrapped. Lastly, the defendant’s reliance on case law was misplaced and the evidence established that laundered funds were proceeds of illegal drug trafficking.
The District Court did not err in enhancing defendant’s sentence.
The two-level enhancement was not impermissible double-counting as defendant’s violation under Section 1956 was not factored into his base level since the money laundering statutes are not distinguishable with regard to the defendant’s base level. Moreover, defendant’s statements and behavior prove he believed the laundered funds were or were intended to be proceeds of illegal drugs.
