UNITED STATES OF AMERICA, Appellee, v. (L, (CONJACOB* JAH, aka Ibrahima Jah, SILEYE DIA, Defendants-Appellants,MARIANNE KANE, also known as Deiwo Kane, MADJA DIA, also known as Alioune Dia, BELAL SOW, MAMADOU DIA, YAYA DIA, EL HADJ BABA LY, IBRAHIMA GUEYE, OUSMANE..., (2nd Cir. 2005)

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UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

THIS SUMMARY ORDER WILL NOT BE PUBLISHED IN THE FEDERAL REPORTER

AND MAY NOT BE CITED AS PRECEDENTIAL AUTHORITY TO THIS OR ANY

OTHER COURT, BUT MAY BE CALLED TO THE ATTENTION OF THIS OR ANY

OTHER COURT IN A SUBSEQUENT STAGE OF THIS CASE, IN A RELATED CASE, OR

IN ANY CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUDICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the

Thurgood Marshall United States Courthouse, at Foley Square, in the City of New York, on the

21st day of December, two thousand five.

Present:

HON. GUIDO CALABRESI,

HON. ROBERT A. KATZMANN,

HON. RICHARD C. WESLEY,

Circuit Judges.

UNITED STATES OF AMERICA,

Appellee,

v. Nos. 05-2661-cr(L), 05-2662-cr(CON)

JACOB* JAH, aka Ibrahima Jah, SILEYE DIA,

Defendants-Appellants,

MARIANNE KANE, also known as Deiwo Kane, MADJA DIA,

also known as Alioune Dia, BELAL SOW, MAMADOU DIA,

YAYA DIA, EL HADJ BABA LY, IBRAHIMA GUEYE,

OUSMANE DIALLO, MAMADOU KANE,

Defendants.

For Appellee: STEPHEN A. MILLER, DANIEL A. BRAUN, Assistant

United States Attorneys (for MICHAEL J. GARCIA, United States Attorney for the Southern District of New York), New York, N.Y.

For Defendant-Appellant Jah: PETER E. QUIJANO, Quijano and Ennis, P.C., New York, N.Y.

For Defendant-Appellant Dia: MICHAEL HURWITZ, Hurwitz Stampur & Roth, New York, N.Y.

Appeal from the United States District Court for the Southern District of New York (Kaplan, J.).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be and hereby is AFFIRMED.

1 Jacob Jah and Sileye Dia appeal from judgments of conviction entered by the district 2 court (Kaplan, J.), sentencing both appellants to 60-month terms of imprisonment, three years of 3 supervised release, and a mandatory special assessment for, inter alia, conducting an unlicensed 4 money-transmission business. Jah and Dia challenge the district court's conclusion that neither 5 appellant qualified for a reduction in sentence under Section 2S1.3(b)(3) of the United States 6 Sentencing Guidelines. We presume the parties' familiarity with the underlying facts, the 7 procedural history, and the scope of issues presented on appeal, which we reference only as 8 necessary to explain our decision.

9 Section 2S1.3(b)(3) of the Sentencing Guidelines mandates that a defendant's offense 10 level be reduced to six, regardless of the amount of money involved in the offense, if the 11 defendant can prove by a preponderance of the evidence that (1) the defendant did not know or 12 believe that the funds were proceeds of unlawful activity or bulk cash smuggling was not 1 involved in the offense; (2) the defendant did not act with reckless disregard of the source of the 2 funds; (3) the funds were the proceeds of lawful activity; and (4) the funds were to be used for a 3 lawful purpose. U.S.S.G. § 2S1.3(b)(3)(A)-(D).

4 There was no error in the district court's conclusion that the defendants had failed to 5 satisfy their burdens as to the second and third prongs. The appellants' challenge must therefore 6 fail.

7 We have considered all of appellants' arguments and find them to be without merit.

8 Accordingly, the judgment of the district court is AFFIRMED.

9 FOR THE COURT: 10 ROSEANN B. MacKECHNIE, CLERK 11 By: Richard Alcantara, Deputy Clerk 12 13

* Because of a clerical error, Jacob Jah's name appears incorrectly as "Jaboc Jah" in the official caption, although it correctly appeared as "Jacob Jah" in the court below.

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