United States v. Binkley
United States v. Binkley
Opinion of the Court
OPINION
Lollie J. Binkley appeals her sentencing Under the money laundering guideline,
I.
Because we write for the benefit of the parties, we include only the barest facts necessary for analysis. Binkley and Ruth Streeval, her co-defendant and sister, created false inheritance documents that purported to show that Binkley was the beneficiary of George Earl Markham’s estate. On two separate occasions Binkley and Streeval, posing as her attorney, borrowed money on the strength of these false documents. Upon receipt of the loans, Binkley obtained cash as well as a total of ten bank checks and money orders made payable to several of her creditors.
Binkley pled guilty to an indictment charging her with wire fraud, mail fraud, and one count of money laundering in violation of 18 U.S.C. § 1957. At sentencing, she argued that instead of the money laundering guideline, U.S.S.G. § 2S1.2, the Court should apply the fraud guideline, U.S.S.G. § 2F1.1, the range of which is significantly less. The District Court sentenced Binkley to twenty-seven months imprisonment and three years supervised release, near the minimum of the money laundering guideline’s range.
II.
We do not simply apply U.S.S.G. § 2S1.2 automatically whenever there is a conviction for money laundering. Instead we analyze whether the case falls within the heartland of the money laundering guidelines.
Binkley’s money laundering conduct does not evidence a concerted effort to conceal the funds’ fraudulent origins. Binkley signed the money orders that she obtained. The bank checks were easily traceable to the issuing bank, which she provided with her name, address, social security number, driver’s license number, date of birth, and occupation. This distinguishes the case from United States v. Omoruyi, 260 F.3d 291, (3d Cir. 2001), where the defendant opened several accounts and used fictitious names to do so. 260 F.3d 291, 301. Binkley left a “paper trail ... inconsistent with planned conceal
As such, she should be sentenced under U.S.S.G. § 2S1.2, and we reverse the District Court’s judgment of sentencing.
. Amendment 591, effective November 1, 2000, overrules United States v. Smith, 186 F.3d 290 (3d Cir. 1999), by cabining the discretion of a court to sentence a defendant under a different guideline. However, we do not apply amendment 591 to a case where, although sentencing occurred after the amendment's effective date, the conduct occurred before it, thereby raising ex post facto concerns. United States v. Omoruyi, 260 F.3d 291, 297-98 (3d Cir. 2001).
Reference
- Full Case Name
- United States v. Lollie J. BINKLEY, a/k/a Lollie Graves
- Cited By
- 1 case
- Status
- Published