No. 24-6994

Dwayne W. Sherman v. United States

Lower Court: Third Circuit
Docketed: 2025-04-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split criminal-law federal-statute knowledge-requirement money-laundering statutory-interpretation
Latest Conference: 2025-05-15
Question Presented (AI Summary)

Whether a circuit split exists regarding the interpretation of the money laundering statute's knowledge requirement under 18 U.S.C. § 1956(a)(2)(B)(i)

Question Presented (OCR Extract)

To sustain a conviction for money laundering under 18 U.S.C. § 1956(a)(2)(B)(i), there must be proof, among other things, that a defendant knew that the transportation of illicit funds across the border was designed to conceal or disguise the nature, location, source, ownership, or control of such funds. As this Court explained in Regalado Cuellar v. United States, 553 U.S. 550 (2008) , “design” means purpose or plan, not merely effect, so substantial efforts to conceal money are insufficient to support a conviction. Following Regalado Cuellar, t wo Circuits, the Third and the Nineth, have loosened th e above standard, while the Second Circuit has adhered to Regalado Cuello . Should this Court thus resolve the existing divide over the breadth of the money laundering statute?

Docket Entries

2025-05-19
Petition DENIED.
2025-04-24
DISTRIBUTED for Conference of 5/15/2025.
2025-04-17
Waiver of United States of right to respond submitted.
2025-04-17
Waiver of right of respondent United States to respond filed.
2025-04-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2025)

Attorneys

Dwayne Sherman
Frederick William UlrichFederal Public Defenders Office, Petitioner
United States
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent