[DOWNLOAD] "United States v. Diaz" by Third Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: United States v. Diaz
• Author : Third Circuit U.S. Court Of Appeals
• Release Date : January 30, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Argued September 14, 2000 Defendant, Carole Diaz, a/k/a Carole M. Cefaratti (""Diaz""), pled guilty to a four-count information that included charges of fraud, in violation of 18 U.S.C. SS 1341 and 1342, and money laundering, in the form of engaging in a monetary transaction in property derived from specified unlawful activity, in violation of 18 U.S.C. S 1957(a). She was sentenced under the federal Sentencing Guidelines to a term of 33 months in prison,fined, and ordered to pay restitution to the United States Department of Education (""DOE"") in the amount of $846,000. On appeal, Diaz challenges two aspects of her sentence. First, she argues that the District Court err ed in computing her prison term based on the sentencing guideline applicable to the money laundering charge, U.S.S.G. S 2S1.2, rather than the guideline applicable to the fraud charge, U.S.S.G. S 2F1.1. The latter guideline would have resulted in 6-12 fewer months in prison. This issue requires us to consider whether Amendment 591 to the Sentencing Guidelines, effective on November 1, 2000, should apply retroactively to Diaz's sentence and whether our decision in United States v. Smith, 186 F.3d 297 (3d Cir. 1999) remains good law, at least for sentences imposed prior to the effective date of the amended guidelines. If Smith is still applicable to Diaz's situation, we must also review and reconcile several recent opinions interpreting Smith and the ""heartland"" of the money laundering guideline, including United States v. Mustafa , 238 F.3d 485 (3d Cir. 2001), United States v. Bockius , 228 F.3d 305 (3d Cir. 2000), and a decision involving the same issue from Diaz's brother and co-misfeasor, United States v. Cefaratti, 221 F.3d 502 (3d Cir. 2000). Second, Diaz challenges the amount of restitution she was ordered to pay.

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