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U.S. v. KIMBREW

No. 04-10193.

406 F.3d 1149 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney Robert KIMBREW, a.k.a. Carlton Cochran, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 11, 2005.

Attorney(s) appearing for the Case

Michael V. Severo, Los Angeles, CA, for the defendant-appellant.

Amber S. Rosen (argued) and Jeffrey D. Nedrow (briefed), Assistant United States Attorneys, San Jose, CA, for the plaintiff-appellee.

Before: LAY, B. FLETCHER, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge.

Rodney Kimbrew, a.k.a. Carlton Cochran, appeals his conviction and sentence for conspiracy to commit money laundering. In an issue of first impression, we must decide whether the sentencing enhancement for being in the business of receiving and selling stolen property can apply to a defendant who sells only property that he himself has obtained by fraud. We agree with the overwhelming majority of circuits that it cannot. We affirm...

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