UNITED STATES OF AMERICA v. LIVIU-SORIN NEDELCU - Articles

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UNITED STATES OF AMERICA v. LIVIU-SORIN NEDELCU

Posted by: Karen Belcher on Aug 22, 2022

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Thomas C. Lyons, LAW OFFICES OF THOMAS C. LYONS, Lexington, Kentucky, for Appellant.

Attorneys 2: ARGUED: Sonja M. Ralston, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Attorneys 3: ON BRIEF: Thomas C. Lyons, THOMAS C. LYONS LAW OFFICES, Lexington, Kentucky, for Appellant.

Attorneys 4: ON BRIEF: Sonja M. Ralston, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Charles P. Wisdom, UNITED STATES ATTORNEY’S OFFICE, Lexington, Kentucky, for Appellee.

Judge(s): CLAY, GRIFFIN, and WHITE, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Eastern District of Kentucky at Lexington

GRIFFIN, Circuit Judge. Defendant Liviu-Sorin Nedelcu pleaded guilty to RICO conspiracy. At sentencing, the district court increased his offense level based on the section of the Sentencing Guidelines that applies to money-laundering convictions. Nedelcu contends that this was an erroneous application because he was not convicted of money laundering. We disagree. Because the factual basis for Nedelcu’s plea agreement specifically established that he committed money laundering as a predicate for his RICO conviction, the Guidelines compelled the district court to sentence him “as if” he had been convicted of money laundering. Accordingly, we affirm the judgment of the district court.

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