United States v. Thorn, No. 11-37 (2d Cir. 2011)
Annotate this CaseIn this case, in which a jury found defendant guilty on one count of money laundering conspiracy, and nine counts of Clean Air Act violations, 42 U.S.C. 7413(c)(1), the parties cross-appealed from an amended judgment of conviction entered on December 8, 2010, which vacated the money laundering count pursuant to 28 U.S.C. 2255 in light of the Supreme Court's definition of "proceeds" in United States v. Santos, and resentenced defendant to 132 months' imprisonment on the remaining Clean Air Act counts. The court held that defendant's sufficiency challenge to the proof of "proceeds" was procedurally barred from collateral attack and thus, his conviction for money laundering conspiracy should not have been vacated. This rendered the parties' remaining arguments moot. Accordingly, the court vacated the amended judgment of December 8, 2010, and ordered that the amended judgment of October 4, 2006, be reinstated.
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