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PATRIOT ACT

Cuellar v. United States

 

Humberto Cuellar was convicted of international money laundering after officers found large sums of illegal money hidden in a vehicle Cuellar intended to drive across the U.S. border into Mexico. A jury found Cuellar guilty under 18 U.S.C. � 1956(a)(2)(B)(i), which makes money laundering a federal crime. An en banc panel of the U.S. Court of Appeals, Fifth Circuit, affirmed Cuellar's conviction and Cuellar appealed. In this case, U.S. Supreme Court will determine whether an attempt to create the appearance of legitimate wealth is necessary to support a money laundering conviction. Cuellar argues that his conviction cannot stand because he did not attempt to create the appearance of legitimate funds. The United States argues that a money laundering conviction is appropriate if a criminal defendant physically concealed illegal funds during cross-border transportation. The Court's decision will resolve the current circuit split and clarify the scope of the federal money laundering statute.

Questions as Framed for the Court by the Parties

Whether merely hiding funds with no design to create the appearance of legitimate wealth is sufficient to support a money laundering conviction.

On July 14, 2004, Humerto Fidel Regalado Cuellar was driving south along Texas State Highway 77 towards the Mexican border when he was stopped by Deputy Kevin Herbert from the Schleicher County Sheriff's office for suspected intoxication. Cuellar v. United States, 478 F.3d 282, 284 (5th Cir. 2007). Realizing Cuellar did not speak English, Deputy Herbert called for a bilingual state trooper. Id. Upon arrival, Trooper Danny Nunez questioned Cuellar. Id. at 285.
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