United States v. William Poff

MEMORANDUM

William S. Poff appeals his conviction on six counts of promotional money laundering under 18 U.S.C. § 1956 and his conviction on six counts of transactional money laundering under 18 U.S.C. § 1957 . Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Poffs sole argument on appeal is that his conviction on six counts of “transactional” money laundering under 18 U.S.C. § 1957 violates the Double Jeopardy Clause because he was also convicted on six counts of “promotional” money laundering under 18 U.S.C. § 1956 (a)(l)(A)(i), largely on the same evidence. Because Poff failed to raise this argument in the district court, we review for plain error. United States v. Davenport, 519 F.3d 940, 943 (9th Cir.2008).

Where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether they are two offenses or only one is whether each provision requires proof of an additional fact which the other does not. Blockburger v. United States, 284 U.S. 299,…