Tuesday, May 18, 2021

US v. Silveira, No. 18-56509 (5-13-21)(Collins w/Baldock & Berzon). This a habeas petition alleging IAC in a plea. The 9th affirms the denial of the petition. The petitioner alleges his plea to money laundering arising from illegal sports betting was not knowing and voluntary. Petitioner said that his lawyer did not explicitly define what “proceeds” meant but stated that the money was tainted. The petitioner argues the funds obtained by the gambler or bettor were not unlawfully obtained. However, the 9th concludes, petitioner received the funds knowing they were for payment of a debt and those were proceeds were from an illegal activity. The 9th also found there was no prejudice even had the lawyer provided an inadequate definition of proceeds.

The decision is here:



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