Can Amendment 782 Lower a Money Laundering Sentence?

If your money laundering sentence was based on your drug offense level, Amendment 782 can lower that sentence too. The Fifth Circuit said so on May 18, 2017, in United States v. Torres.

Amendment 782 is a 2014 change to the federal sentencing guidelines. It lowered most drug offense levels by two levels, and it was made retroactive, so people already in prison can ask for a reduction under 18 U.S.C. § 3582(c)(2).

What happened

In 2007, Roberto Torres was sentenced for drug and money laundering crimes. His drug offense level was 39. Under the money laundering guideline, U.S.S.G. § 2S1.1(a)(1), his money laundering level was the same as his drug level.

He got 262 months on the drug counts and 240 months on money laundering, which was the statutory maximum for that count. The sentences ran at the same time.

Torres and the government filed an agreed motion for a reduction. Amendment 782 lowered his range to 210 to 262 months, and both sides agreed 210 months was appropriate. That meant Torres was eligible for a cut of up to 52 months.

The judge agreed he could cut the drug sentence, but he thought the money laundering sentence had to stay at 240 months. He then denied the motion entirely, apparently thinking that would put Torres in a better position to appeal.

What the Fifth Circuit held

Torres argued that Amendment 782 lowered his money laundering level too, and he relied on the words of the guidelines. Section 2S1.1, which the presentence report (PSR) and the judge used, covers "Laundering of Monetary Instruments." (The PSR is the report the probation office prepares before sentencing.) The guideline says to use "the offense level for the underlying offense from which the laundered funds were derived, if ... the defendant committed the underlying offense." U.S.S.G. § 2S1.1(a)(1). That is what the PSR did: it set Torres's money laundering level at the same level as his drug level. Because he had not raised that point in the district court, the Fifth Circuit reviewed for "plain error," a tougher standard for issues not raised below.

The court agreed with Torres anyway. It explained that the money laundering level "was entirely dependent on the drug-trafficking level." Neither side disputed that Amendment 782 lowered his drug level from 39 to 37. Any drop or rise in the drug level would cause the same change in the money laundering level.

The court also noted that § 3582(c)(2) looks at the sentencing range, not any one offense. So the judge was wrong to think his hands were tied on the money laundering sentence. If a reduction was right for the drug counts, "then it was appropriate for money-laundering as well."

The denial was reversed and the case sent back. United States v. Torres, No. 16-50320 (5th Cir. May 18, 2017).

What this means for you

If your money laundering sentence was tied to a drug offense level that was later lowered, a reduction motion should cover the money laundering count too. Check whether a later guideline amendment applies to your case. To do that, gather the judgment (the court's written order stating the sentence), the docket number, and the PSR, which shows how each offense level was calculated.

Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.