· 8/9/1999
United States v. J. David Smith, in 98-6377 Steven Dandrea, in 98-6378
Citations
- 186 F.3d 290
- 1999 U.S. App. LEXIS 18424
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that sentence in anomalous case of money laundering and fraud should be under fraud guideline, rather than money laundering guideline
- holding that sentence in anomalous case of money laundering and fraud should be under fraud guideline, rather than money laundering guideline
- concluding that guidelines require sentencing court to perform heartland analysis in making initial choice of appropriate guideline to apply in order to determine whether conduct being punished falls within set of typical cases embodying conduct described in each guideline
- finding that “routine fraud” involving a consulting firm that overcharged its client was not the type of crime contemplated by money laundering guidelines
- finding that money laundering was an “ ‘incidental by-product’ ” of the kickback scheme
- money laundering done incidental to an embezzlement/kickback scheme found not to be within heartland of guideline
Source: CourtListener parenthetical corpus (CC0).
Judges: Mansmann, Weis, Gibson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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