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U.S. v. FARESE

Nos. 98-4909, 98-5004.

248 F.3d 1056 (2001)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Thomas FARESE, a.k.a. Tom Mix, a.k.a. Tommy, etc., Defendant-Appellant, Cross-Appellee. United States of America, Plaintiff-Appellant-Cross-Appellee, v. Frank DeRosa, a.k.a. Old Man, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 16, 2001.

Attorney(s) appearing for the Case

Jon May, May & Cohen, P.A., Fort Lauderdale, FL, Lisette M. Reid, Miami, FL, Michael H. Tarkoff, Law Offices of Michael H. Tarkoff, Miami, FL, for Farese.

Adalberto Jordan, Robert J. Lehner, Miami, FL, Jeffrey H. Sloman, Paul F. Schwartz, Fort Lauderdale, FL, for United States.

Jay L. Levine, Levine & Finger, Miami, FL, for DeRosa.

Before ANDERSON, Chief Judge, CARNES, Circuit Judge, and NANGLE, District Judge. (No. 96-06008-CR-EBD), Edward B. Davis, Judge.

CARNES, Circuit Judge:

Appellants Thomas Farese and Frank DeRosa pleaded guilty to one count of conspiring to participate in the affairs of an enterprise through a pattern of racketeering.1 The district court sentenced them pursuant to U.S.S.G. § 2S1.1, the provision applicable to the offense of money laundering. They contend the district court erred by sentencing them under that guideline provision because they did not commit the...

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