Banzon

MEMORANDUM ***

I.

Don Thomas Banzon (“Banzon”) purported to provide immigration assistance, legal advice, and ultimately documentation for individuals who wanted to legalize their status in the United States. In reality, Banzon participated in a scheme to defraud these individuals and the government by producing and distributing counterfeit immigration documents. He was indicted for submitting false statements to the INS; mail fraud; counterfeiting INS documents; inducing illegal aliens to enter the United States; and conspiracy. Banzon thereafter entered into a plea agreement with the government in which he agreed to plead guilty to six counts, including conspiracy to commit money laundering. In the plea agreement, he reserved the right to argue, at sentencing, that he should not be sentenced pursuant to the money laundering Sentencing Guideline because his conduct fell outside of the “heartland” of the money laundering statute. The plea agreement also contained, in a separate section, an unconditional waiver of the right to appeal. The district court rejected Banzon’s heartland argument and sentenced him pursuant to the money laundering Sentencing Guideline. He…