Legal Opinion
United States v. Rodney Robert Kimbrew, A.K.A. Carlton Cochran
Court of Appeals for the Ninth Circuit
Decided May 11, 2005No. 04-10193PublishedCited by 199 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge.
Rodney Kimbrew, a.k.a. Carlton Cochran, appeals his conviction and sentence for conspiracy to commit money laundering. In an issue of first impression, we must decide whether the sentencing enhancement for being in the business of receiving and selling stolen property can apply to a defendant who sells only property that he himself has obtained by fraud. We agree with the overwhelming majority of circuits that it cannot. We affirm Kim-brew’s conviction, but vacate his sentence and remand for resentencing.
FACTS AND PROCEDURAL HISTORY
Beginning in 1996,…
2Cases cited16 opinions
- United States v. BookerSupreme Court of the United States · 2004
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Illinois v. VitaleSupreme Court of the United States · 1980
- United States v. John L. St. CyrCourt of Appeals for the First Circuit · 1992
- United States v. Leroy Warshawsky (93-1345) Ira Warshawsky (93-1346) and Ted Warshawsky (93-1473)Court of Appeals for the Sixth Circuit · 1994
11 more not listed; retrieve them via the Exa API.
3Cited by199 opinions
- United States v. CantrellCourt of Appeals for the Ninth Circuit · 2006
- United States v. StoterauCourt of Appeals for the Ninth Circuit · 2008
- United States v. Zameer Nooralla Mohamed, AKA Al, AKA Samier Hussain, AKA Zameer MohamedCourt of Appeals for the Ninth Circuit · 2006
- United States v. Sylvester Norman Knows His Gun, IIICourt of Appeals for the Ninth Circuit · 2006
- United States v. Luis Manuel Rodriguez-LaraCourt of Appeals for the Ninth Circuit · 2005
194 more not listed; retrieve them via the Exa API.