United States v. Robert Richardson Kimball

Good Law

92 Daily Journal DAR 12863·975 F.2d 563·1992 WL 224814·1992 U.S. App. LEXIS 22206·92 Cal. Daily Op. Serv. 7883

United States Court of Appeals for the Ninth CircuitSeptember 17, 199291-10207California1,938 words

Opinion

Noonan, J.

ORDER AND OPINION

ORDER

The panel has voted unanimously to grant the petition for rehearing. The petition for rehearing is GRANTED and the opinion filed April 27, 1992 is WITHDRAWN.

OPINION

Once more the sentencing procedure, not the crime, is the issue on appeal. On January 13, 1990 Robert Richardson Kimball pleaded guilty to the crime of aiding and abetting international money laundering in violation of 18 U.S.C. § 1956 (a)(2)(B)(i) and § 2. The district court in sentencing took into account that he had also engaged in marijuana smuggling. Kimball objects to the process the district court employed. We affirm the district court.

PROCEEDINGS

In November 1987 Kimball was charged with conspiracy to defraud the United States and with a variety of other crimes relating to money laundering and reporting financial requirements. In September 1988 a superseding indictment charged Kimball and the others plus two more defendants with conspiracy to aid and abet the distribution of marijuana.

Plea negotiations were conducted with Kimball and five of the defendants, resulting in the Joint Plea Memorandum of January 13, 1990, made pursuant to Rule 11(e)(1)(C) of the Federal Rules of…

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