United States v. Raymond J. Peery, 977 F.2d 1230 (8th Cir. 1992). · Go Syfert
United States v. Raymond J. Peery, 977 F.2d 1230 (8th Cir. 1992). Cases Citing This Book View Copy Cite
25 citation events (7 in the last 25 years) across 10 distinct courts.
Strongest positive: United States v. Donald W. Wright (ca11, 1998-01-28)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Donald W. Wright (2×)
11th Cir. · 1998 · signal: cf. · confidence medium
See United States v. Purchess, 107 F.3d 1261, 1267 (7th Cir.1997) (concluding that “district court should not deny the reduction for acceptance of responsibility because the defendant challenges a legal conclusion drawn from the facts the defendant admits”); United States v. Fells, 78 F.3d 168, 172 (5th Cir.) (holding that district court erred in denying reduction for defendant who “freely admitted all the facts but challenged their legal interpretation”), ce rt. denied, — U.S. -, 117 S.Ct. 134 , 136 L.Ed.2d 82 (1996); United States v. Broussard, 987 F.2d 215, 224 (5th Cir.1993) (hol…
discussed Cited as authority (rule) United States v. Wright
11th Cir. · 1997 · signal: cf. · confidence medium
See United States v. Purchess, 107 F.3d 1261, 1267 (7th Cir. 1997) (concluding that “district court should not deny the reduction for acceptance of responsibility because the defendant challenges a legal conclusion drawn from the facts the defendant admits”); United States v. Fells, 78 F.3d 168, 172 (5th Cir.) (holding that district court erred in denying reduction for defendant who “freely admitted all the facts but challenged their legal interpretation”), cert. denied, 117 S. Ct. 134 (1996); United States v. Broussard, 987 F.2d 215, 224 (5th Cir. 1993) (holding that district court er…
discussed Cited as authority (rule) United States v. Wright
11th Cir. · 1997 · signal: cf. · confidence medium
See United States v. Purchess, 107 F.3d 1261, 1267 (7th Cir.1997) (concluding that "district court should not deny the reduction for acceptance of responsibility because the defendant challenges a legal conclusion drawn from the facts the defendant admits"); United States v. Fells, 78 F.3d 168, 172 (5th Cir.) (holding that district court erred in denying reduction for defendant who "freely admitted all the facts but challenged their legal interpretation"), cert. denied, --- U.S. ----, 117 S.Ct. 134 , 136 L.Ed.2d 82 (1996); United States v. Broussard, 987 F.2d 215, 224 (5th Cir.1993) (holding t…
discussed Cited as authority (rule) United States v. James Larry Dobbs (2×)
5th Cir. · 1995 · signal: cf. · confidence medium
See United States v. Willey, 57 F.3d at 1385-86 (noting that deposits into business account support finding of intent to conceal); United States v. West, 22 F.3d 586, 591 (5th Cir.) (holding that deposits of illegal proceeds into girlfriend's account satisfied money laundering statute), cert. denied, --- U.S. ----, 115 S.Ct. 584 , 130 L.Ed.2d 498 (1994); United States v. Sutera, 933 F.2d 641, 648 (8th Cir.1991) (holding that deposit of proceeds of gambling into business account sufficed to support intent to launder money); cf. United States v. Peery, 977 F.2d 1230, 1234 (8th Cir.1992) (holding…
discussed Cited as authority (rule) United States v. John G. Westine, Jr.
6th Cir. · 1994 · confidence medium
Most notably, Westine's establishment of a multi-layered banking structure to transfer and disperse the defrauded funds signifies a clear intent to conceal the fraud proceeds. 6 See United States v. Peery, 977 F.2d 1230, 1234 (8th Cir.1992) (convoluted transactions in transferring funds designed to conceal nature of proceeds), cert. denied, 113 S.Ct. 1354 (1993); United States v. Lovett, 964 F.2d 1029, 1035 (10th Cir.) (elaborate series of banking transactions intended to disguise nature of proceeds), cert. denied, 113 S.Ct. 169 (1992); Beddow, 957 F.2d at 1335 (convoluted financial dealings w…
cited Cited as authority (rule) United States of America, Plaintiff-Appellee/cross-Appellant v. Mario R. Garcia-Emanuel, Defendant-Appellant/cross-Appellee
10th Cir. · 1994 · confidence medium
United States v. Peery, 977 F.2d 1230, 1234 (8th Cir.1992), cert. denied, - U.S. -, 113 S.Ct. 1354 , 122 L.Ed.2d 734 (1993); Lovett, 964 F.2d at 1035 . 11 .
cited Cited as authority (rule) United States v. Michael Allen Speck
8th Cir. · 1993 · confidence medium
See United States v. Aldridge, 985 F.2d 960, 962 (8th Cir.1992); United States v. Peery, 977 F.2d 1230, 1234 (8th Cir.1992), cert. denied, - U.S. -, 113 S.Ct. 1354 , 122 L.Ed.2d 734 (1993).
discussed Cited as authority (rule) United States v. Paul D. Broussard
5th Cir. · 1993 · signal: cf. · confidence medium
See Isabel v. United States, 980 F.2d 60, 65 (1st Cir.1992) (acknowledging that one of these “rare” circumstances may be present where defendant admits his conduct and denies only that it constitutes money laundering under the relevant statute); cf. United States v. Peery, 977 F.2d 1230, 1234 (8th Cir.1992) (affirming denial of acceptance of responsibility deduction because trial focused on factual guilt as well as applicability of the statute).
discussed Cited as authority (rule) UNITED STATES OF AMERICA v. PAUL D. BROUSSARD
unknown court · signal: cf. · confidence medium
See Isabel v. United States, 980 F.2d 60, 65 (1st Cir. 1992) (acknowledging that one of these "rare" circumstances may be present where defendant admits his conduct and denies only that it constitutes money laundering under the relevant statute); cf. United States v. Peery, 977 F.2d 1230, 1234 (8th Cir. 1992) (affirming denial of acceptance of responsibility deduction because trial focused on factual guilt as well as applicability of the statute).
cited Cited "see" United States v. Dubon-Otero
1st Cir. · 2002 · signal: see · confidence high
See United States v. Peery, 977 F.2d 1230 , 1233 n. 2 (8th Cir.1992) (“[DJetermining whether section 666 applies to Peery’s conduct is a question of law.”).
cited Cited "see" United States v. Morrison
6th Cir. · 2001 · signal: see · confidence high
See id. at 1234-35 .
cited Cited "see" State v. Hutchings
Utah Ct. App. · 1997 · signal: see · confidence high
See United States v. Peery, 977 F.2d 1230, 1234 (8th Cir.1992) (holding wire transfers between personal accounts sufficient proof of design element).
cited Cited "see" United States v. Delano
W.D.N.Y. · 1993 · signal: see · confidence high
See United States v. Peery, 977 F.2d 1230 , 1233-34 n. 2 (8th Cir.1992) (“determining whether section 666 applies to [a defendant’s] conduct is a question of law.”).
discussed Cited "see" United States v. Shelton (2×)
W.D. Tex. · 1993 · signal: see · confidence high
See United States of America v. Peery, 977 F.2d 1230, 1232-1233 (8th Cir.1992).
discussed Cited "see, e.g." United States v. Insaidoo
2d Cir. · 2019 · signal: see also · confidence low
See United States v. Bahel, 662 F.3d 610 , 626‐29 (2d Cir. 2011) (examining as a legal matter whether the United Nations Participation Act, 22 U.S.C. § 287e, established a benefit program for the purpose of § 666(b)); see also United States v. Peery, 977 F.2d 1230 , 1233 n.2 (8th Cir. 1992) (ʺ[D]etermining whether [S]ection 666 applies to [the defendantʹs] conduct is a question of law.ʺ).
cited Cited "see, e.g." United States v. Fred Robinson
8th Cir. · 2015 · signal: see also · confidence medium
See also United States v. Peery, 977 F.2d 1230, 1232, 1233 (8th Cir.1992) (affirming § 666 conviction and noting that “Congress expressly intended that 18 U.S.C. § 666 (b) be broadly construed”).
discussed Cited "see, e.g." United States v. Marvin Herron, Also Known as Spook, United States of America v. Robert L. McKinney Also Known as Dusharme Taylor, Also Known as Clifton Paige, United States of America v. Charles Bell Estell, Also Known as China, United States of America v. Danny K. Jarrett, Also Known as Dough-Boy, United States of America v. Rosalind D. Glover, United States of America v. Gene A. Nelson, Also Known as Geno
8th Cir. · 1996 · signal: see, e.g. · confidence medium
See e.g., United States v. Peery, 977 F.2d 1230, 1234 (8th Cir.1992) (money sent via three separate wire transfers), cert. denied, 507 U.S. 946 , 113 S.Ct. 1354 , 122 L.Ed.2d 734 (1993); United States v. Posters 'N' Things, Ltd., 969 F.2d 652, 661 (8th Cir.1992) (commingling of proceeds from drug paraphernalia sales with legitimate business receipts), aff'd 511 U.S. 513 , 114 S.Ct. 1747 , 128 L.Ed.2d 539 (1994); United States v. Long, 977 F.2d 1264, 1270 (8th Cir.1992) ("transactions permitted ... drug dealers to make drug money appear to be money earned through work in a legitimate job") 4 Be…
discussed Cited "see, e.g." United States v. Marvin Herron
8th Cir. · 1996 · signal: see, e.g. · confidence medium
See e.g., United States v. Peery, 977 F.2d 1230, 1234 (8th Cir.1992) (money sent via three separate wire transfers), cert. denied, 507 U.S. 946 , 113 S.Ct. 1354 , 122 L.Ed.2d 734 (1993); United States v. Posters ‘N’ Things, Ltd., 969 F.2d 652, 661 (8th Cir.1992) (commingling of proceeds from drug paraphernalia sales with legitimate business receipts), aff'd 511 U.S. 513 , 114 S.Ct. 1747 , 128 L.Ed.2d 539 (1994); United States v. Long, 977 F.2d 1264, 1270 (8th Cir.1992) (“transactions permitted ... drug dealers to make drug money appear to he money earned through work in a legitimate job"…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Raymond J. PEERY, Appellant
92-1245.
Court of Appeals for the Eighth Circuit.
Oct 14, 1992.
977 F.2d 1230
Vincent M. Powers, Lincoln, Neb., argued, for appellant., Alan Lee Everett, Lincoln, Neb., argued (Ronald D. Lahners and Steven A. Russell, on brief), for appellee.
Magill, Heaney, Loken.
Cited by 23 opinions  |  Published
HEANEY, Senior Circuit Judge.

Raymond Peery appeals his conviction for theft and money laundering and his resultant sentence. We affirm.

BACKGROUND

Raymond Peery was formerly the Executive Director and General Counsel for the Central Interstate Low-Level Radioactive Waste Compact Commission (Compact Commission), a five-state entity in charge of siting, initiating the construction of, and operating a disposal facility for low-level radioactive waste generated within the member states. The Low-Level Radioactive Waste Policy Act Amendments of 1985, 42 U.S.C. § 2021b-2021i, authorized states to form such compact commissions to develop regional disposal facilities and to charge for disposal. Congress mandated that twenty-five percent of the facilities’ surcharges be paid to the Department of Energy, which in turn distributed the money to the various compact commissions when it determined that they had achieved certain congressionally established goals. See 42 U.S.C. § 2021e(d)(l)-2021e(d)(2)(G). Pursuant to this arrangement, on March 15, 1990, the Compact Commission received $848,365.95 from the Department of Energy-

[*1232] The government’s investigation, indictment, and trial of Peery focused on the one-year period following the Compact Commission’s receipt of this money. The government charged Peery with one count of theft in violation of 18 U.S.C. § 666, which applies (in pertinent part) to thefts of over $5,000 from an organization by an agent of the organization if the organization receives federal benefits in excess of $10,000 during a one-year period. The government also charged Peery with three counts of money laundering in violation of 18 U.S.C. § 1956(a)(l)(B)(i). At trial, the government presented evidence that Peery stole at least $798,780 from the Compact Commission and purchased twelve cars, ten Rolex watches, ski trips, vacations to Lake Tahoe and Disney World, a $300,000 house for which he made an $86,000 down payment, an $8,800 jukebox, and a fur coat during the period in question. A jury convicted Peery of each count, and pursuant to the sentencing guidelines, the district court sentenced him to 50 months imprisonment and ordered him to pay $555,120.34 in restitution.

DISCUSSION

I. 18 U.S.C. § 666

Peery first contends that 18 U.S.C. § 666 does not apply to his case. To violate this statute, the organization from which the funds were stolen must receive “benefits in excess of $10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal assistance.” 18 U.S.C. § 666(b). Peery argues that the “benefits” or “Federal assistance” contemplated by 18 U.S.C. § 666(b) are not present here because the government never owned the money it distributed to the Compact Commission. [1]

In making this argument, Peery assumes that “benefits” or “Federal assistance” means federal tax dollars. The broad language of the statute, incorporating all forms of federal assistance with its principal limitation merely being that an organization receive more than $10,000 in a one-year period for the statute to be applicable, reveals error in Peery’s narrowing assumption. The statute’s legislative history confirms this revelation.

Congress expressly intended that 18 U.S.C. § 666(b) be broadly construed.

The Committee intends that the term “Federal program involving a grant, a contract, a subsidy, a loan, a guarantee, or another form of Federal Assistance” be broadly construed, consistent with the purpose of this section to protect the integrity of the vast sums of money distributed through Federal programs from theft, fraud, and undue influence by bribery. However, the concept is not unlimited. The term “Federal program” means that there must exist a specific statutory scheme authorizing the Federal assistance in order to promote or achieve certain policy objectives.

S.Rep. No. 225, 98th Cong., 1st Sess. 370 (1983). As we discuss in the following paragraph, under a broad construction, the Compact Commission received “Federal Assistance.” Indeed, the “specific statutory scheme” that Congress required for section 666 to apply is present in this case.

For Section 666 to apply, “there must exist a specific statutory scheme authorizing the Federal assistance [to the organization from which money was stolen] in order to promote or achieve certain policy objectives.” S.Rep. No. 225, 98th Cong., 1st Sess. 370 (1983). Congress enacted the Low-Level Radioactive Waste Policy Act Amendments of 1985 to address the growing national problem of radioactive waste disposal, which the Low-Level Radioactive Waste Policy Act of 1980 was not solving. Low-Level Radioactive Waste: Hearings before the Subcomm. on Energy and Con [*1233] servation and Power of the House Comm, on Energy and Commerce, 99th Cong., 1st Sess. 1-2 (1985) (Statement of Rep. Markley, Chairman). In 1980, only three states had low-level radioactive waste disposal facilities. The 1980 act burdened states with disposing the waste produced within their borders by establishing regional disposal facilities and “embodied assurances to the three sited States that they could exclude waste from outside their regions by January 1, 1986.” Id. at 2. By 1985, however, the states had not developed any new facilities, and the three states with existing facilities threatened to refuse to accept waste from outside of their regions. See 131 Cong.Rec. Hll,409 (daily ed. Dec. 9, 1985). Faced with this problem, Congress passed the 1985 amendments to force the development of new facilities and to ensure that the states with existing facilities kept their facilities open to the nation for an additional seven years. See 131 Cong.Rec. S18,-103-S18,105 (daily ed. Dec. 19, 1985).

To ensure compliance and to prevent a repeat of the 1980 failure, the 1985 amendments incorporated specific goals for the states to meet. Id. Congress chose to spur the attainment of these goals with a stick (the twenty-five percent surcharge) and a carrot (the possibility of a rebate if the states meet the Congressional goals), as outlined in 42 U.S.C. § 2021e. Id. Thus, under the 1985 amendments, the Secretary of Energy first collects the surcharge and if the compact commissions satisfy waste disposal goals, then they receive rebates. Even after it distributes the rebate, the federal government continues to oversee the compact commissions by regulating their use of the funds with strict reporting and compliance requirements to ensure the advancement of specified federal policies. 42 U.S.C. § 2021e(d)(2)(E). The 1985 amendments further involve the federal government in the business of the compact commissions by ordering the Secretary of Energy to provide the compact commissions with financial and technical assistance. 42 U.S.C. § 2021g(a)(l) directs:

[The Secretary of Energy shall provide to the compact commissions] continuing technical assistance to assist them in fulfilling their responsibilities under sections 2021b to 2021j of this title. Such technical assistance shall include, but not be limited to, technical guidelines for site selection, alternative technologies for low-level radioactive waste disposal, volume reduction options, management techniques to reduce low-level waste generation, transportation practices for shipment of low-level wastes, health and safety considerations in the storage, shipment and disposal of low-level radioactive wastes, and establishment of a computerized database to monitor the management of low-level radioactive wastes.

In sum, the 1985 amendments reflect Congress’ attempt to maintain federal oversight of low-level radioactive waste disposal while simultaneously permitting the bodies closest to the problem to implement Congressional policies. This effort persuades us that the Compact Commission’s receipt of the rebate constituted “Federal assistance” as part of a “Federal program,” and thus, we affirm Peery’s conviction for violating 18 U.S.C. § 666. [2]

[*1234] II. Money Laundering

Peery next argues that the government did not offer sufficient evidence to support his conviction for three counts of money laundering pursuant to .18 U.S.C. § 1956(a)(l)(B)(i). When reviewing a sufficiency of the evidence claim, we must consider the evidence in the light most favorable to the government and also accept all reasonable inferences that support the jury’s verdict. See, e.g., United States v. Jones, 880 F.2d 55, 64 (8th Cir.1989). Moreover, “[w]e will reverse only if the jury must have entertained reasonable doubt as to the defendant’s guilt.” Id. (citation omitted). To be convicted under section 1956(a)(l)(B)(i), Peery must have conducted a financial transaction “knowing that the transaction is designed in whole or part ... to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity.” 18 U.S.C. § 1956(a)(l)(B)(i). Each of Peery’s money laundering counts corresponds to a wire transfer from Peery’s personal bank account in Atlanta, Georgia to his personal bank account in Lincoln, Nebraska. In a cursory argument, Peery contends that the government did not prove beyond a reasonable doubt that Peery acted to conceal the nature, location, source, ownership, and control of the proceeds. We disagree.

Peery did more than merely transfer funds from one personal account to another personal account. The funds deposited into his Lincoln account were first taken from the Compact Commission’s accounts in Lincoln, then deposited in Peery’s Atlanta account, and then finally wired to his Lincoln account. Indeed, with respect to the wire transfers underlying each of Peery’s money laundering counts, via three separate wires, Peery transferred money from his Atlanta account to his Lincoln account and then purchased cashier’s checks to satisfy two car loans and to make an $86,644.62 down payment for a house. Viewing this evidence in the light most favorable to the government convinces us that it proved beyond a reasonable doubt that Peery conducted financial transactions with the intent to conceal the nature, location, source, ownership, and control of the proceeds. [3]

III. Sentence

Peery finally claims that because prior to his trial he cooperated with the Compact Commission to gather his assets for liquidation and because the purpose of his trial was to test applicability of 18 U.S.C. § 666 to his conduct, he should have been granted a two-level reduction for acceptance of responsibility. See U.S.S.G. § 3E1.1 application note 2 (convicted defendant should not be denied acceptance of responsibility where he exercises his constitutional right to a trial to contest the applicability of a statute to his guilt while simultaneously accepting responsibility for his criminal conduct). While one of Peery’s defense theories rested on the applicability of section 666 to his conduct, our review of the trial record reveals Peery also argued that he possessed a good faith belief that he was authorized to spend the Compact Commission’s money in the manner that he did. Peery developed this latter theory of defense during his opening argument, during the trial itself, and during his closing argument. Thus, the trial focused not only on the relevancy of section 666 but also on Peery’s factual guilt.

This court has established that it will reverse an acceptance of responsibility de[*1235] termination only where the district court committed clear error while emphasizing that we give great deference to the district court’s acceptance of responsibility ruling. See United States v. Miller, 951 F.2d 164, 165 (8th Cir.1991). Under this standard, we will not reverse the district court’s refusal to grant Peery a two-level reduction for acceptance of responsibility.

Accordingly, we affirm both Peery’s conviction and sentence.

1

. 42 U.S.C. § 2021e(d)(2)(A) provides:

Escrow Account:
Twenty-five per centum of all surcharges received by a State pursuant to paragraph (1) during the seven-year period referred to in subsection (a) of this section shall be trans ferred on a monthly basis to an escrow account held by the Secretary. The Secretary shall deposit all funds received in a special escrow account. The funds so deposited shall not be the property of the United States.... (emphasis added).
2

. As an alternative argument, Peery characterizes Section 666 as unconstitutionally vague and overbroad. Even without the guidance of legislative history, the language of the statute explains that it applies to “benefits ... under a federal program involving a grant, contract, subsidy, loan, guarantee, insurance or other form of Federal assistance,” and that the money be stolen from an organization which received at least $10,000 in a one-year period under a federal program. Given the broad sweep of this language and its minimal limitations, we do not find the statute to be unconstitutional as applied to Peery, because he could reasonably believe that Section 666 would apply to him.

Peery also argues that his Section 666 conviction should be reversed because before the Grand Jury and during oral argument the government claimed that the Compact Commission received "Federal funds,” (as opposed to “Federal assistance,” or some other statutory buzz phrase) and because as the trial evolved, the government recharacterized its claim to conform to the statutory language and the facts of this case. The district court rejected Peery’s argument, ruling that the classification of the Compact Commission’s rebate is a matter of law for judicial determination. As our handling of section 666 implies, we agree that determining whether section 666 applies to Peery’s conduct[*1234] is a question of law. In any event, on appeal, Peery offers scant, if any, persuasive support for his claim, and we find no merit in it.

3

. The government adduced other evidence of Peery’s illicit activities. For instance, on numerous occasions, Peery arranged for funds to be transferred directly from the Compact Commission’s account into his personal account in Atlanta. After Peery deposited Compact Commission funds in his accounts, he purchased numerous luxury items, including a 1990 Jaguar for |35,059; $4,540.05 worth of furniture; and a ladies’ diamond wedding ring set for $5,856.44. Moreover, on several occasions funds were wired directly from the Compact Commission’s account to two car dealers to purchase cars in Peery’s name.