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Criminal Law

: Sentencing Law and Policy

SCOTUS Cuellar case continues Term of statutory interpretation and sentencing

By Douglas A. Berman

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For legal process and statutory interpretation geeks like me, the criminal cases on the SCOTUS docket this Term are so intriguing. As I have noted before, the Court has taken up a number of ACCA sentencing statutory interpretation cases this Term, and a number of other major sentencing cases ? such as Gall and Kimbrough and even capital cases like Baze and Medellin and Kennedy ? can be viewed as matters concerning the impact of statutes and the legislative process. The focus on statutory interpretation today is clear in Cuellar v. U.S. (06-1456), which concerns an issue effectively summarized this way at SCOTUSwiki:[H]ere is the question raised: ?Whether merely hiding funds with no design to create the appearance of legitimate wealth is sufficient to support a money laundering conviction?? Relying on dictionary definitions and legal argument, the petition contends that ?as a matter of plain English, to ?launder? money ?is to disguise illegally-obtained money by making it appear legitimate? ? ? in other words, to make ?dirty money? look ?clean...continue to full post

Full post as published by Sentencing Law and Policy on February 25, 2008 (boomark / email).