Bush

United States v. Bush

Good Law
626 F.3d 527·2010 WL 4910220·2010 U.S. App. LEXIS 24711
United States Court of Appeals for the Ninth CircuitDecember 3, 201009-30131California5,893 words

Opinion

Opinion

Smith, J.

Defendant-Appellant Charles Nolon Bush appeals his conviction on twenty-seven of thirty-two counts charged in the Indictment. A jury convicted Bush of one count of securities fraud in violation 15 U.S.C. §§ 78j(b) and 78ff(a), eight counts of wire fraud in violation of 18 U.S.C. § 1343 , three counts of mail fraud in violation of 18 U.S.C. § 1341 , and fifteen counts of engaging in unlawful monetary transactions (transactional money laundering) in violation of 18 U.S.C. § 1957 . Bush primarily contends that the government failed to prove that his money-laundering transactions involved the “profits” of criminal activities — a distinction he argues is necessary under the Supreme Court’s decision in United States v. Santos, 553 U.S. 507 , 128 S.Ct. 2020 , 170 L.Ed.2d 912 (2008). Because Santos and its progeny dealt with money laundering under a different statute, 18 U.S.C. § 1956 , Bush’s argument that Santos applies to a Section 1957 transactional-money-laundering conviction is a matter of first impression for this court. Although we hold that Santos applies to Section 1957 convictions, it provides no relief to Bush because his money-laundering and fraud offenses do not…

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