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 1999-10

United States v. Lauire Ann McGruder ( 1999 )


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  • UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.                                                                    No. 99-4064
LAUIRE ANN MCGRUDER,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of West Virginia, at Huntington.
Robert C. Chambers, District Judge.
(CR-98-47)
Submitted: September 21, 1999
Decided: October 7, 1999
Before WILKINS, HAMILTON, and WILLIAMS, Circuit Judges.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
George A. Mills, III, Huntington, West Virginia, for Appellant.
Rebecca A. Betts, United States Attorney, Ray N. Shepard, Assistant
United States Attorney, Huntington, West Virginia, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
OPINION
PER CURIAM:
Appellant Lauire McGruder appeals her conviction for conspiracy
to commit money laundering, in violation of
    18 U.S.C.A. § 1956
    (h)
(West Supp. 1999). The only issue she raises on appeal is whether the
court erred in applying a base offense level of 23 under U.S. Sentenc-
ing Guidelines Manual § 2S1.1(a)(1) (1998) for a violation of
    18 U.S.C.A. § 1956
    (h). Finding no error, we affirm.
McGruder pled guilty to count eighteen of the superseding indict-
ment, which stated that she conspired with others to violate
    18 U.S.C.A. § 1956
    (a)(1)(A)(i) (West Supp. 1999), in violation of
    18 U.S.C.A. § 1956
    (h). At the plea hearing, McGruder stated that she
was pleading guilty to count eighteen, and acknowledged that the
Government had the requisite proof to convict her on that count. She
also recited to the court what her conduct was that constituted the
offense of conviction.
The object of the conspiracy was to launder money to promote an
unlawful activity, a violation of
    18 U.S.C.A. § 1956
    (a)(1)(A)(i).
Because
    18 U.S.C.A. § 1956
    (h) specifies that the penalty for this
crime is the same as the penalty for the object of the conspiracy,
USSG § 2S1.1(a)(1) applies and mandates a base offense level of 23.
The commentary to the section also states that a higher base offense
level is applied to defendants "who encouraged or facilitated the com-
mission of further crimes." USSG § 2S1.1, comment. (backg'd). The
conduct McGruder pled guilty to encouraged the further crime, and
thus is covered by this commentary. In accordance with several other
circuits, we hold that the appropriate base offense level for conspiring
to violate
    18 U.S.C.A. § 1956
    (a)(1)(A) to be 23 under USSG
§ 2S1.1(a). See United States v. Brace,
    145 F.3d 247
    , 264 (5th Cir.),
cert. denied,
    67 U.S.L.W. 3300
     (U.S. Nov. 2, 1998) (No. 98-6118),
United States v. House,
    110 F.3d 1281
    , 1287-88 (7th Cir. 1997), cert.
denied sub nom. Hughes v. United States,
    66 U.S.L.W. 3260
     (U.S.
Oct. 6, 1997) (No. 97-5141), United States v. Monem,
    104 F.3d 905
    ,
907-09 (7th Cir. 1997), United States v. Acanda ,
    19 F.3d 616
    , 619-20
(11th Cir. 1994), United States v. Restrepo,
    936 F.2d 661
    , 665 (2d
Cir. 1991).
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We therefore affirm the criminal judgment. We dispense with oral
argument because the facts and legal contentions are adequately pre-
sented in the materials before the court and argument would not aid
the decisional process.
AFFIRMED
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