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In a prosecution for conspiracy to commit money laundering, district court's denial of defendant's motion for acquittal, on the ground that the evidence was insufficient to establish that he possessed the mens rea required for the crime, is affirmed where a rational jury could find: 1) that defendant knew that the money he transferred derived from unlawful activity; 2) beyond a reasonable doubt, that defendant knew that the money came from some form of unlawful activity; 3) that the defendant engaged in conduct that was commonly known to conceal the nature, location, source, ownership, or control of the proceeds.
US v. Calderon, No. 05-2650
Appeal from the United State District Court for the District of Puerto Rico
Decided August 26, 2009
For Appellants: Saul Roman Santiago for appellant José A. Rivera Calderón, Rafael Anglada-López for appellant Jesús Pomales-Pizarro. Judith H. Mizner, Assistant Federal Public Defender, Federal Defender Office, District of Massachusetts, for appellant Luis Daniel Rosario-Rivas.
For Appellee: German A. Rieckehoff, Assistant United States Attorney, with whom Nelson Pèrez-Sosa, Assistant United States Attorney, Chief, Appellant Division and Rosa Emilia Rodriguez Velez, United States Attorney, were on brief, for appellee.