United States v. Michael Patrick McInerney United States of America v. Michael Giambra

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael Patrick MCINERNEY, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Michael GIAMBRA, Defendant-Appellant. Nos. 93-10314, 93-10330. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1994. Decided July 7, 1994. 1 Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges 2 MEMORANDUM * 3 Michael McInerney and Michael Giambra appeal their jury convictions for money laundering, aiding and abetting and conspiracy in violation of 18 U.S.C. Secs. 1956 (a)(3), 2 & 371. They claim that Sec. 1956(a)(3) trenches on their First Amendment rights, that it is void for vagueness, and that it unconstitutionally shifts the burden of persuasion to defendants. They also claim that they were entrapped as a matter of law and that the evidence adduced at trial was insufficient to support their convictions. I. Constitutional Challenges…