United States v. Gaona, No. 12-2039 (7th Cir. 2012)
Annotate this CaseFrom 2004 until 2010 Gaona’s brothers and others sent cocaine and marijuana from El Paso, Texas, to Milwaukee, Wisconsin, where associates would receive the drugs. Family or close friends of participants would then wire the proceeds back to El Paso or transport the proceeds by car under the guise of a family trip. In support of the scheme, Gaona wired $69,631 to Texas; traveled south by car on one occasion with proceeds totaling $45,751; accompanied another codefendant, on approximately eight occasions to wire money; and held drug proceeds for her brother on at least two occasions. When charged in connection with the scheme, Gaona negotiated a plea agreement under which she plead guilty to money laundering (18 U.S.C. 1956). The agreement stated: “The government will not make a specific sentencing recommendation, but is free to present all facts to the court.” After the prosecution declined, at Gaona’s sentencing hearing, to recommend no prison time, and asked the district court to disregard Gaona’s pregnancy when imposing a sentence, the district court sentenced Gaona to 18 months’ imprisonment plus restitution. The Seventh Circuit affirmed. Gaona waived her objection to any breach of the plea agreement.
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