It’s a good week for sentencing remands in the federal circuits. To my mind, the most interesting case is United States v. Salgado, where the Eleventh Circuit reversed a district court for considering the person who was being sentenced’s role in the underlying offense that money was laundered in connection with, when the person was sentenced for money laundering. When you’re figuring out the guidelines, the Eleventh Circuit said you can’t do that.
Mr. Salgado was a leader in the drug operation in the case, but he wasn’t a leader in the money laundering. It turns out there’s an application note that says leadership on one offense doesn’t translate into leadership for the other.
To the victories!