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US v. Kratt, No. 08-5831

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By FindLaw Staff on September 02, 2009 5:38 PM

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.

Read US v. Kratt, No. 08-5831

Appellate Information

Argued: August 4, 2009

Decided and Filed: September 2, 2009

Judges

Opinion by Judge Sutton

Counsel

For Appellant:

Karimbumkara Jayaraman, Law Offices, Memphis, TN

For Appellee:

Timothy R. Discenza, Assistant United States Attorney, Memphis, TN

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