v.
Bronzino Page 2 I The evidentiary facts are largely undisputed. On October 22, 2003
Pursuant to Sixth Circuit Rule 206
File Name: 10a0070p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
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Plaintiff-Appellee, -
UNITED STATES OF AMERICA,
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No. 08-1532
v.
,
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Defendant-Appellant. -
VINCENZO BRONZINO,
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Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 06-20122-011—Avern Cohn, District Judge.
Argued: March 3, 2010
Decided and Filed: March 16, 2010
Before: MARTIN, ROGERS, and McKEAGUE, Circuit Judges.
COUNSEL
ARGUED: Carl J. Marlinga, MARLINGA LAW GROUP, PLLC, Clinton Township, Michigan, for Appellant. Kathleen Moro Nesi, ASSISTANT UNITED STATES ATTORNEY, Detroit, Michigan, for Appellee. ON BRIEF: Carl J. Marlinga, MARLINGA LAW GROUP, PLLC, Clinton Township, Michigan, for Appellant. Kathleen Moro Nesi, ASSISTANT UNITED STATES ATTORNEY, Detroit, Michigan, for Appellee.
OPINION
McKEAGUE, Circuit Judge. Defendant Vincenzo Bronzino was found guilty in a bench trial of aiding and abetting money laundering, in violation of 18 U.S.C. § 2 and § 1956(a)(1)(A)(i) and (B)(ii). He was sentenced to two years’ probation and required to pay a $2500 fine. On appeal, Bronzino does not deny that money laundering took place, but contends the prosecution’s evidence was insufficient to prove he aided and abetted the offense. For the reasons that follow, we affirm.
I
The evidentiary facts are largely undisputed. On October 22, 2003, defendant Vincenzo Bronzino gave $15,000 worth of lawfully obtained Greektown Casino chips to co-defendant Peter Messina in partial payment of an unlawful gambling debt. Tape-recorded telephone conversations between the two men on October 22, 2003, show that Messina was initially reluctant to accept the chips in payment. Messina doubted that he would be able to cash them in without signing for them. In both conversations, Bronzino reassured Messina that he would be able to cash the chips in without showing identification or signing for them as long as he cashed them in in multiple transactions involving less than $10,000 each. It took two conversations, but Bronzino eventually prevailed upon Messina to overcome his reluctance. Later that day, Messina, with the assistance of two associates, cashed in the chips at the Greektown Casino in a manner designed to avoid the applicable currency transaction reporting requirement. Because the chips, in Messina’s hands, represented proceeds of unlawful gambling, the intentional structuring of the transaction so as to avoid the reporting requirement constituted unlawful money laundering.
On March 1, 2006, the grand jury in the Eastern District of Michigan returned a thirteen-count indictment, charging fifteen defendants with various racketeering conspiracy, illegal gambling conspiracy, and money laundering offenses. Based on the above conduct, defendant Bronzino was charged in a single count with aiding and abetting money laundering. After a one-day bench trial on July 9, 2007, Bronzino was found guilty. The district court issued an opinion explaining the verdict on August 14, 2007. United States v. Bronzino, 2007 WL 2324978 (E.D. Mich. Aug. 14, 2007) (unpublished). The district court’s analysis is summed up rather succinctly:
Bronzino was the teacher and Messina was the pupil. To put it another way, Bronzino was the director and Messina was the actor. Messina was fully aware of the fact that the chips were to be used to pay his gambling debt, only if Messina could cash them in a way that did not cause a report to the IRS to be generated. Initially, Messina did not know how to accomplish such a way as to avoid the reporting requirement. Hence, viewing the record in the light