USA V. LEMUS, No. 22-50046 (9th Cir. 2024)
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The U.S. Court of Appeals for the Ninth Circuit affirmed the convictions of Edgar Hernandez Lemus and Junior Almendarez Martinez for conspiracy, aiding and abetting the receipt of the proceeds of extortion, and receiving the proceeds of extortion. The defendants, involved in a scheme to kidnap Mexican nationals seeking illegal entry into the United States and extort their families, argued that they could only be convicted under 18 U.S.C. § 880 if they knew the money they received was obtained from extortion.
The court, however, held that § 880 only requires knowledge that the proceeds were “unlawfully obtained,” not specifically from extortion. The court noted that if Congress had intended for specific knowledge of the money's origin from extortion to be necessary, it would have included such language in the statute. The court also rejected the defendants' arguments that the court's interpretation of § 880 rendered the statute vague, stating that the defendants' conduct clearly fell within the proscription of the law.
The court remanded the case for recalculation of the restitution amount, but otherwise affirmed the convictions and sentences.
Court Description: Criminal Law The panel affirmed convictions for conspiracy under 18 U.S.C. § 371; aiding and abetting the receipt of the proceeds of extortion under 18 U.S.C. §§ 880, 2(a); and receiving the proceeds of extortion under § 880.
Defendants argued that a § 880 conviction requires knowledge that the money at issue was obtained from extortion. Reviewing for plain error, the panel rejected this contention. The panel held that § 880 only requires knowledge that the proceeds were “unlawfully obtained.” In a concurrently filed memorandum disposition, the panel addressed other issues, affirming except as to the restitution amount which it vacated and remanded for recalculation.
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