US v. Cruzado-Laureano, No. 02-2658, affirms a sentence for extortion under 18 U.S.C. § 666(a)(1)(A)(i) and (a)(1)(A)(ii), embezzlement under 18 U.S.C. § 1951(a), money laundering 18 U.S.C. § 1956(a)(1)(B)(i) and 1956(a)(1)(B)(ii), and witness tampering 18 U.S.C. § 1512(b)(1) and 1512(b)(2). Both the preserved and unpreserved challenges failed. But...
As to sentencing, the court held that: “A defendant should be sentenced according to the guidelines in effect on the date of sentencing, unless ‘the court determines that use of the Guidelines Manual in effect on the date that the defendant is sentenced would violate the ex post facto clause of the United States Constitution,’ in which case "the court shall use the Guidelines Manual in effect on the date that the offense of conviction was committed." USSG § 1B1.11(b)(1).” Therefore, the court remanded for sentencing under the 2002 guidelines. But, curiously, the court remands because Booker:
...injects even more uncertainty into an attempt by us to reconstruct a sentencing decision by the district court under the 2002 guidelines. Therefore, we conclude that the most prudent course is to vacate the sentence and remand for resentencing under the correct edition of the guidelines.
Comments