USA vs. Hashimoto, (5th Cir. 1998)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 97-30264 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SCOTT HASHIMOTO, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 96-CR-101-R March 4, 1998 Before JOLLY, BENAVIDES and PARKER, Circuit Judges.
PER CURIAM: * Scott Hashimoto appeals his guilty-plea conviction and sentence for conspiracy to possess with intent to distribute methamphetamine, a violation of 21 U.S.C. § 846, and conspiracy to launder monetary instruments, a violation of 18 U.S.C. § 1956 (a)(1)(A).
Hashimoto§ 6A1.3. Hashimoto also argues that the district court clearly erred in imposing a two-level offense-level enhancement based on his role as a manager or supervisor in the offense, pursuant to U.S.S.G. § 3B1.1(c). The district court misapplied the guideline when it determined that Hashimoto§ 3B1.1. See § 3B1.1, comment. (n.2); Giraldo , 111 F.3d at 24.
Accordingly, HashimotoÂ’s sentence is VACATED and this case is REMANDED for resentencing as to this issue.
VACATED AND REMANDED.
No. 97-30264
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- U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 1956 - Sec. 1956. Laundering of monetary instruments -STATUTE-(a)(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity - (A)(i) with the intent...
- US Code - Title 21: Food and Drugs - 21 USC 846 - Sec. 846. Attempt and conspiracy
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