Defendant's conviction and sentence for engaging in monetary transactions in criminally derived property are affirmed where: 1) "proceeds obtained from a criminal offense" in 18 U.S.C. section 1957(f)(2) refers to gross receipts rather than profits, except where an 18 U.S.C. section 1956 predicate offense creates a merger problem that leads to a radical increase in the statutory maximum sentence and only when nothing in the legislative history suggests that Congress intended such an increase; and 2) the restitution order was proper because the victim's loss stemmed directly and proximately from defendant's bank fraud and false statements.
Argued: August 4, 2009
Decided and Filed: September 2, 2009
Opinion by Judge Sutton
Karimbumkara Jayaraman, Law Offices, Memphis, TN