United States v. Tolliver, No. 18-6034 (6th Cir. 2020)
Annotate this CaseTolliver was charged with participating in a marijuana distribution ring that funneled money and drugs between a California supplier and a large-scale Memphis dealer. A jury acquitted him on the marijuana conspiracy but convicted Toliver of money laundering conspiracy. The Sixth Circuit affirmed, rejecting a claim under the Speedy Trial Act, 18 U.S.C. 3162(a)(2). A defendant can only complain about a speedy trial violation after the violation has occurred; Tolliver’s objection was premature. A rational trier of fact could have found Tolliver guilty. Payment for drugs can constitute promotional money laundering. The prosecution presented the right type of evidence to prove promotional money laundering and showed that Tolliver made financial transactions with money from illegal marijuana sales. There was compelling circumstantial evidence showing he knew what he was doing. In ordering forfeiture of the money laundered and of property traceable to the crime, 21 U.S.C. 853(a), the district court properly included some of Tolliver’s gambling winnings. Tolliver gambled hundreds of thousands of dollars but apparently had no source of income besides the cuts he got from money-laundering. Tolliver filed no tax return for two years. He was a long-time gambler, but the amount of money he gambled skyrocketed once he joined the conspiracy.
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