United States v. Acanda

19 F.3d 616, 1994 WL 114686
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 22, 1994
DocketNo. 92-5113
StatusPublished
Cited by16 cases

This text of 19 F.3d 616 (United States v. Acanda) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Acanda, 19 F.3d 616, 1994 WL 114686 (11th Cir. 1994).

Opinion

DUBINA, Circuit Judge:

Appellant Elizabeth Acanda (“Acanda”) appeals her sentence imposed by the United States District Court for the Southern District of Florida. The issue presented on appeal is whether the district court erred in its calculation of Acanda’s base offense level under the United States Sentencing Guidelines (“U.S.S.G.” or “sentencing guidelines”).

I. BACKGROUND FACTS

In late 1988, agents of the Drug Enforcement Agency (“DEA”) were operating a large money-laundering reverse sting operation in Los Angeles, California. Large amounts of cash were being delivered by couriers to undercover agents in furtherance of the operation. The government obtained evidence which indicated that Acanda made one delivery in the amount of $135,100.00. She later facilitated a second delivery in the amount of $29,800.00. Acanda was charged in two counts of a 24-count indictment. Count II alleged a violation of 18. U.S.C. § 371 (conspiracy), with the object of that conspiracy being an intent to violate 18 U.S.C. § 1956(a)(1) (laundering of monetary instruments). Count IX charged a violation of 18 U.S.C. § 1956(a)(1). Pursuant to Rule 20 Fed.R.Crim.P., she consented to transfer and entered a guilty plea to Count II of the indictment. The guilty plea was part of a plea agreément with the government, whereby the government agreed to dismiss Count IX in return for Acanda’s plea to conspiracy charged in Count II.

In order to calculate the base offense level for a conviction of conspiracy under § 371, the district court looked to § 2Xl.l(a) of the sentencing guidelines, which in turn directed the court to look at the substantive offense in determining the base offense level. The district court found the substantive offense of the conspiracy to be laundering monetary instruments under 18 U.S.C. § 1956. The district court held that under U.S.S.G. § 2Sl.l(a)1, the base offense level was 23 because Acanda was convicted of conspiracy [618]*618to violate the substantive offenses of §§ 1956(a)(1)(A), (a)(2)(A), or (a)(8)(A).

Aeanda argues that § 2Sl.l(a)(l) applies only if she was convicted under §§ 1956(a)(1)(A), (a)(2)(A), or (a)(3)(A). Aeanda, however, claims that she was not convicted under 18 U.S.C. § 1956 but rather was convicted of conspiracy only under 18 U.S.C. § 371. She claims that § 2Sl.l(a)(2) should apply instead, resulting in a base offense level of 20 rather than 23. Aeanda also argues that the rule of lenity directs the district court to apply the guidelines most favorable to her.

The government argues that § 2Sl.l(a)(l) applies to specific subsections of the money laundering statute, §§ 1956(a)(1)(A), (a)(2)(A), and (a)(3)(A), that prohibit conducting certain financial transactions with the intent to promote the carrying on of specified unlawful activity. The government further argues that the term “otherwise” set forth in § 2Sl.l(a)(2) clearly refers to convictions under §§ 1956(a)(1)(B), (a)(2)(B), and (a)(3)(B). The government thus claims that the Sentencing Commission intended that defendants convicted with the intent to promote the carrying on of unlawful activity receive greater sentences than defendants who acted otherwise. The government points out that Aeanda pled guilty to Count II, which alleged that Aeanda conspired “to conduct financial transactions involving drug proceeds ... with the intent to promote the carrying on of said unlawful activity.” The government claims that there is no case law, controlling or persuasive, that requires a conviction of a substantive offense to precipitate the base offense level of 23 under § 2Sl.l(a)(l). Moreover, the government argues that the rule of lenity does not apply because the term “otherwise” used in § 2S1.1(a)(2) is not ambiguous. The government contends that the term “otherwise” in § 2Sl.l(a)(2) clearly refers to the subsections in § 1956 that are not listed in § 2S1.1(a)(1).

II. STANDARD OF REVIEW

The question resolved by the district court concerned which base offense level was applicable to a § 371 conviction. Since no factual resolutions were made in that determination, the traditional de novo standard of review is applicable. See 18 U.S.C. § 3742; United States v. Huppert, 917 F.2d 507 (11th Cir.1990).

III. ANALYSIS

Aeanda was convicted of conspiracy under 18 U.S.C. § 371. The indictment alleged that the goal of the conspiracy was, inter alia, to violate 18 U.S.C. § 1956. To score an offense level for an unspecified conspiracy under the sentencing guidelines, § 2X1.1 directs the practitioner to the base offense level for the offense which was the object of the conspiracy. Since Aeanda was charged with conspiring to violate the money-laundering provisions of § 1956, the correct section of the guidelines is § 2S1.1, dealing with laundering of monetary instruments.

There is no express statement, either in the commentary provisions of § 2S1.1, or in the case law, as to what the Sentencing Commission had in mind by the use of the term “otherwise.” The government’s position is that the appropriate base offense level was 23. The government suggests that Aeanda was convicted, through her plea to Count II of the indictment, of both 18 U.S.C. § 1956 and 18 U.S.C. § 371. Aeanda argues that she was not convicted under 18 U.S.C. § 1956 but instead convicted of a corollary statutory provision, which necessarily invoked both provisions of § 1956. Moreover, she argues that even though the district court found that she was convicted under 18 U.S.C. § 1956, she was not. It is her position that § 2Sl.l(a)(2) applies, and therefore that her base offense level is 20.

The government contends that in analyzing the propriety of the district court’s calculations under the guidelines, we must first look to the specifics of Acanda’s conviction. Aeanda pled guilty to a conspiracy under 18 U.S.C. § 371 to violate 18 U.S.C. § 1956(a)(1).

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United States v. Elizabeth Acanda
19 F.3d 616 (Eleventh Circuit, 1994)

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Bluebook (online)
19 F.3d 616, 1994 WL 114686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-acanda-ca11-1994.