Wilson v. Roy, No. 09-40556 (5th Cir. 2011)
Annotate this CasePetitioner was convicted of conspiring to distribute cocaine, using a telephone to facilitate drug trafficking, and money laundering. Petitioner appealed the denial of his 28 U.S.C. 2241 petition arguing that his conviction of money laundering must be overturned based on the holding in United States v. Santos because no evidence was presented that he engaged in a financial transaction involving profits as opposed to gross revenue derived from his illegal drug activity. The court held that Santos did not decriminalize financial transactions conducted with funds from drug activity and therefore, petitioner could not demonstrate his actual innocence, which was one of the threshold requirements for the petition to proceed. Accordingly, the district court's dismissal of his petition was affirmed.
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