United States v. Levy

TJOFLAT, Circuit Judge,

dissenting from the denial of rehearing en banc, in which WILSON, Circuit Judge, joins:

The facts of this case are set forth in detail in the panel’s first opinion. See United States v. Levy, 374 F.3d 1023, 1024-29 (11th Cir.2004). Pursuant to a written plea agreement, defendant Raphael Levy pled guilty to conspiracy to commit mail fraud and conspiracy to commit money laundering. The district court sentenced Levy to 120 months on the mail fraud charge and 48 months on the, money laundering charge, with the sentences to be served consecutively, for a total sentence of 168…