UNITED STATES OF AMERICA v. CARLOS ALBERTO MORILLA

Background Carlos Alberto Morilla pleaded guilty to conspiracy to commit money laundering in violation of Section eighteen United States Code nineteen fifty-six subsection H. He was sentenced to fifty-seven months imprisonment after the district court applied a two-level enhancement for sophisticated laundering and denied a minor-role adjustment. The court’s reasoning The Eleventh Circuit held that the sophisticated-laundering enhancement under United States Sentencing Guidelines section two S one point one subsection B three requires individualized findings regarding the defendant’s relevant conduct. The district court erred by relying on evidence from a co-defendant’s trial rather than determining if Morilla’s specific conduct involved complex or intricate offense conduct. Additionally, the court found the district court’s Keene statement ineffective because it was made before the court heard arguments on Section thirty-five fifty-three factors and before the defendant could allocute. This premature statement failed to insulate the Guidelines error from appellate review. What it means going forward The case is remanded for resentencing without the sophisticated-laundering enhancement. The ruling clarifies that alternative-sentence statements must be made after the full sentencing hearing, including Section thirty-five fifty-three arguments and allocution, to be effective.