Tenth Circuit Approves Application of Drug Sentencing Guideline to Calculate Base Level in Money Laundering Case
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In United States v. Diaz-Menera, No. 21-6127, at *1 (10th Cir. Feb. 28, 2023, Diaz-Menera challenged his sentence for money laundering, arguing that the district court erroneously determined his base offense level under § 2S1.1(a)(1) rather than § 2S1.1(a)(2) of the United States Sentencing Guidelines (U.S.S.G. or the Guidelines). Section 2S1.1(a)(1) applies when a defendant convicted of money laundering either committed or was personally involved in the underlying offense, and it calculates the defendant's base offense level using the offense level for the underlying offense. By contrast, if the defendant was not involved in the underlying offense, § 2S1.1(a)(2) applies, the the court generally calculates the defendant's offense level according to the amount of laundered funds.
Tenth Circuit Approves Application of Drug Sentencing Guideline to Calculate Base Level in Money Laundering Case
Tenth Circuit Approves Application of Drug…
Tenth Circuit Approves Application of Drug Sentencing Guideline to Calculate Base Level in Money Laundering Case
In United States v. Diaz-Menera, No. 21-6127, at *1 (10th Cir. Feb. 28, 2023, Diaz-Menera challenged his sentence for money laundering, arguing that the district court erroneously determined his base offense level under § 2S1.1(a)(1) rather than § 2S1.1(a)(2) of the United States Sentencing Guidelines (U.S.S.G. or the Guidelines). Section 2S1.1(a)(1) applies when a defendant convicted of money laundering either committed or was personally involved in the underlying offense, and it calculates the defendant's base offense level using the offense level for the underlying offense. By contrast, if the defendant was not involved in the underlying offense, § 2S1.1(a)(2) applies, the the court generally calculates the defendant's offense level according to the amount of laundered funds.