Buckley
United States v. Buckley
Opinion
Lead Opinion
Gorsuch, J.
ORDER AND JUDGMENT *
A federal jury convicted Mr. Buckley of possessing marijuana with intent to distribute and money laundering. On appeal, Mr. Buckley challenges only his conviction for money laundering. He does not argue, however, that the facts alleged by the government, if proven, would constitute the crime. He presents to us only a much narrower and entirely factual question: was there sufficient evidence to find that on or about October 10th he delivered money to Michael Francois, as the indictment alleged? We find that there was and so affirm.
Because Mr. Buckley never raised this sufficiency challenge below, our review is for plain error, United States v. Foy, 641 F.3d 455, 465 (10th Cir.2011), though the precise contours of this standard remain unclear. We have suggested that plain error analysis of a forfeited sufficiency claim may be “essentially the same as [the Court’s] usual sufficiency-of-the-evidence analysis.” United States v. Gallant, 537 F.3d 1202, 1223 (10th Cir.2008) (internal quotation marks omitted). But whatever the exact contours of our plain error review in sufficiency cases, none of it matters here. Even if Mr. Buckley preserved his *699 challenge, we…