At page 1342 Reviewing jury instructions for error on appeal23 citing cases[J]ury instructions that are challenged for the first time on appeal are reviewed for plain error
- United States v. Danielle Edmonson El, No. 20-10821 (11th Cir. Apr. 8, 2021).unpublished([J]ury instructions that are challenged for the first time on appeal are reviewed for plain error)
- United States v. Jirard Kincherlow, 88 F.4th 897 (11th Cir. 2023).publishedFurther, “[w]e review jury instructions challenged in the dis- trict court ‘de novo to determine whether the instructions misstated the law or misled the jury to the prejudice of the objecting party.’” United States v. Gibson, 708 F.3d 125…
- United States v. Leslie Pagan, No. 21-12328 (11th Cir. Oct. 14, 2022).unpublishedUSCA11 Case: 21-12328 Date Filed: 10/14/2022 Page: 8 of 18 8 Opinion of the Court 21-12328 We review preserved challenges to jury instructions de novo to determine whether they “misstated the law or misled the jury to the prejudice of the…
- United States v. William Gatchell, No. 21-13260 (11th Cir. Aug. 2, 2022).unpublishedUnited States v. Felts, 579 F.3d 1341, 1342 (11th Cir. 2009).
- United States v. Lillian Akwuba, 7 F.4th 1299 (11th Cir. 2021).publishedA. Directed Verdict “Jury instructions properly challenged below are reviewed de novo to determine whether the instructions misstated the law or misled the jury to the prejudice of the objecting party.” United States v. Felts, 579 F.3d 134…
- United States v. Keaton Khambrell Akeem Gibbs-King, No. 19-11802 (11th Cir. Mar. 31, 2020).unpublishedUnited States v. Felts, 579 F.3d 1341, 1342 (11th Cir. 2009).
- United States v. Yoel De Moya Lozada, No. 17-11390 (11th Cir. July 17, 2018).unpublishedA. We review de novo jury instructions properly challenged in the district court “to determine whether the instructions misstated the law or misled the jury to the prejudice of the objecting party.” United States v. Felts, 579 F.3d 1341, 1…
- United States v. Ravindranauth Roopnarine, No. 16-15025 (11th Cir. Dec. 1, 2017).unpublishedJury instructions challenged in the district court are reviewed “de novo to determine whether the instructions misstated the law or misled the jury to the prejudice of the objecting party.” 4 Case: 16-15025 Date Filed: 12/01/2017 Page: 5 o…
- United States v. Jeremel Remymartin SMith, 694 F. App'x 703 (11th Cir. 2017).unpublishedUnited States v. Felts, 579 F.3d 1341, 1342 (11th Cir. 2009) (per curiam).
- United States v. Alejandro Estrada Aplesa, 690 F. App'x 630 (11th Cir. 2017).unpublished We ordinarily review jury instructions de novo “to determine whether the instructions misstated the law or misled the jury to the prejudice of the objecting party.” United States v. Felts, 579 F.3d 1341, 1342 (11th Cir. 2009).
Show 9 more citing cases
- United States v. Timothy Miers, 686 F. App'x 838 (11th Cir. 2017).unpublishedWe will reverse a district court because of an erroneous instruction only if we are “left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations.” United States v. Felts, 579 F.3d 1341, 13…
- United States v. Taylor Jordan Wardlow, 666 F. App'x 861 (11th Cir. 2016).unpublished But we “will reverse [the] district court ... only if [we are] left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations.” See United States v. Felts, 579 F.3d 1341, 1342-43 (11th Cir. 2…
- United States v. Nova A. Montgomery, 631 F. App'x 666 (11th Cir. 2015).unpublished United States v. Felts, 579 F.3d 1341, 1342 (11th Cir.2009).
- United States v. Terry Chand, 622 F. App'x 780 (11th Cir. 2015).unpublished We review jury instructions de novo to determine whether the instructions “misstated the law or misled the jury to the prejudice of the objecting party.” United States v. Felts, 579 F.3d 1341, 1342 (11th Cir.2009).
- United States v. Joel Esquenazi, 752 F.3d 912 (11th Cir. 2014).publishedUnited States v. Felts, 579 F.3d 1341, 1342 (11th Cir.2009).
- United States v. James L. Gibson, 708 F.3d 1256 (11th Cir. 2013).published We review jury instructions challenged in the district court “de novo to determine whether the instructions misstated the law or misled the jury to the prejudice of the objecting party.” United States v. Felts, 579 F.3d 1341, 1342 (11th Ci…
- United States v. Allen Mark Levinson, 504 F. App'x 824 (11th Cir. 2013).unpublishedWe review de novo whether the jury instructions “misstated the law or misled the jury to the prejudice of the objecting party.” United States v. Felts, 579 F.3d 1341, 1342 (11th Cir.2009).
- United States v. Stephen G. House, 684 F.3d 1173 (11th Cir. 2012).publishedWe review jury instructions challenged in the district court “de novo to determine whether the instructions misstated the law or misled the jury to the prejudice of the objecting party.” United States v. Felts, 579 F.3d 1341, 1342 (11th Ci…
- United States v. Roderick L. Cochran, 683 F.3d 1314 (11th Cir. 2012).publishedWe review jury instructions that were properly challenged below de novo to determine “whether the instructions misstated the law or misled the jury to the prejudice of the objecting party.” United States v. Felts, 579 F.3d 1341, 1342 (11th…
At page 1343 Review standards for jury instruction challenges and money laundering elements25 citing cases“left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations.”
- United States v. Demetris Hill, 119 F.4th 862 (11th Cir. 2024).publishedUnited States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009).
- United States v. Dravion Sanchez Ware, 69 F.4th 830 (11th Cir. 2023).published“We will not reverse a de- fendant’s conviction based on a challenge to the jury charge un- less we are ‘left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations.’” Unit- ed States v. H…
- United States v. Andres Mencia, No. 18-13967 (11th Cir. Nov. 30, 2022).unpublishedHowever, “jury instructions that are challenged for the first time on appeal are reviewed for plain error.” United States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009).
- United States v. Freddie Clark, 32 F.4th 1080 (11th Cir. 2022).publishedUnited States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009).
- United States v. Ernesto Rivera-Rodriguez, No. 21-10082 (11th Cir. Apr. 27, 2022).unpublishedUnited States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009).
- United States v. Detra Wiley Pate, No. 19-13006 (11th Cir. Apr. 21, 2021).unpublishedUnited States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009). 16 USCA11 Case: 19-13006 Date Filed: 04/21/2021 Page: 17 of 22 To protect an accused’s right to silence, the Fifth Amendment forbids suggesting to the jury that a defendant’s si…
- United States v. Jayston Darnell Fails, No. 19-14802 (11th Cir. Sept. 16, 2020).unpublished P. 30(d), 52(b); United States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009) (per curiam).
- United States v. Trumaine Muller, No. 19-11783 (11th Cir. June 26, 2020).unpublishedUnited States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009).
- United States v. Rakeem Asaad Davis, No. 18-10140 (11th Cir. June 12, 2019).unpublished United States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009).
- Demetruis Delfon Carter v. Warden Marty Allen, No. 17-10797 (11th Cir. Mar. 6, 2019).unpublishedUnited States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009).
Show 6 more citing cases
- United States v. Emmanuely Germain, No. 17-14825 (11th Cir. Jan. 4, 2019).unpublished United States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009).
- United States v. Takasha Stevenson, 663 F. App'x 831 (11th Cir. 2016).unpublishedUnited States v. Felts, 579 F.3d 1341, 1343 (11th Cir. 2009) (per curiam). 2 Under the “plain error” standard, the defendant must ■ demonstrate that (1) an error occurred, (2) the error was plain, and (3) the error affected substantial rig…
- United States v. Jimenez, 566 F. App'x 872 (11th Cir. 2014).unpublishedWe will reverse the district court because of an erroneous instruction only if we are “left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations.” United States v. Felts, 579 F.3d 1341,…
- United States v. Sholam Weiss, 539 F. App'x 952 (11th Cir. 2013).unpublishedUnited States v. Felts, 579 F.3d 1341, 1343 (11th Cir.2009).
- United States v. Charles Keith Sumner, 522 F. App'x 806 (11th Cir. 2013).unpublishedUnited States v. Felts, 579 F.3d 1341, 1343 (11th Cir.2009).
- United States v. Charles Ndhlovu, 510 F. App'x 842 (11th Cir. 2013).unpublished United States v. Felts, 579 F.3d 1341, 1343 (11th Cir.2009).
At page 1344 Alleging multiple means of offense in a single count14 citing casesdiscussing section 1956(a)(2)
- United States v. Lisette Lopez, 75 F.4th 1337 (11th Cir. 2023).published(discussing section 1956(a)(2))
- United States v. Jeremie Saintvil, No. 22-10004 (11th Cir. May 25, 2023).unpublished(quotation omitted)
- United States v. Steven Deason, 965 F.3d 1252 (11th Cir. 2020).published(quotation marks omitted)
- United States v. Richard Hoyt Crawford, Jr., No. 18-15060 (11th Cir. Feb. 14, 2020).unpublishedUnited States v. Felts, 579 F.3d 1341, 1344 (11th Cir. 2009) (per curiam).
- United States v. Salih Zeki Uces, No. 17-13893 (11th Cir. Aug. 10, 2018).unpublishedMr. Uces must demonstrate that “(1) an error occurred, (2) the error was plain, and (3) the error affected substantial rights.” United States v. Felts, 579 F.3d 1341, 1344 (11th Cir. 2009) (citing United States v. Olano, 507 U.S. 725, 732…
- United States v. Rhonda Peggy Gittens, 701 F. App'x 786 (11th Cir. 2017).unpublishedUnited States v. Felts, 579 F.3d 1341, 1344 (11th Cir. 2009).
- United States v. Tyrone Anwan Broadnax, 691 F. App'x 604 (11th Cir. 2017).unpublishedUnited States v. Felts, 579 F.3d 1341, 1344 (11th Cir. 2009).
- United States v. Alexandr Postica, 551 F. App'x 475 (11th Cir. 2013).unpublishedUnited States v. Felts, 579 F.3d 1341, 1344 (11th Cir.2009).
- United States v. Ivey Grant, 521 F. App'x 841 (11th Cir. 2013).unpublishedUnited States v. Felts, 579 F.3d 1341, 1344 (11th Cir.2009); United States v. Evans, 478 F.3d 1332, 1338 (11th Cir.2007).
- United States v. Lopesierra-Gutierrez, 708 F.3d 193 (D.C. Cir. 2013).publishedTo the contrary, several circuits, relying on the Supreme Court’s decision in Schad v. Arizona, 501 U.S. 624 , 111 S.Ct. 2491 , 115 L.Ed.2d 555 (1991), have squarely held that “a district court is not required to instruct the jury that it…
Show 2 more citing cases
- United States v. Travis Almond, 491 F. App'x 993 (11th Cir. 2012).unpublishedUnited States v. Felts, 579 F.3d 1341, 1344 (2009).
- United States v. Kerry Raphael, 487 F. App'x 490 (11th Cir. 2012).unpublished United States v. Felts, 579 F.3d 1341, 1344 (11th Cir.2009).
At page 1341 “misstated the law or misled the jury to the prejudice of the objecting party.”1 citing case
- Lockheed Martin Aeronautics Co., No. ASBCA No. 62209 (A.S.B.C.A. Aug. 3, 2022).publishedBell BCI, 579 F.3d at 1341 (emphasis in original. 18 Unlike the court in Bell BCI, the Air Force here does not rely upon the changes brought about by the modification in the instant contract (cf., gov’t mot. at 25-27).
v.
Kevin FELTS, A.K.A. Neil Milan, Defendant-Appellant
On December 3, 2007, Defendant Kevin Felts (“Felts”) was convicted of conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h), money laundering in violation of 18 U.S.C. § 1956(a)(2)(A) and (B)(i), and possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)(1). [R. 311]. The district court sentenced Felts to 210 months imprisonment, three years supervised release, and a $20,000 fine. [R. 316]. On appeal, Felts alleges his conviction and sentence should be reversed because the district court erred in denying his pretrial motion to suppress, the district court improperly instructed the jury on the money laundering offenses, there was insufficient evidence from which a jury could find beyond a reasonable doubt that he was guilty of “concealment money laundering,” and the district court erred in calculating his offense level under the Guidelines. After reviewing the evidence presented at trial and the parties’ briefs, we summarily affirm Felt’s conviction and sentence on all grounds, but publish this opinion to specifically address Felt’s claim regarding the propriety of the jury instructions given in this case.
STANDARD OF REVIEW
Jury instructions properly challenged below are reviewed de novo to determine whether the instructions misstated the law or misled the jury to the prejudice of the objecting party. United States v. Johnson, 192 Fed.Appx. 935, 939 (11th Cir. 2006). The Eleventh Circuit will reverse a[*1343] district court because of an erroneous instruction only if the circuit court is “left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations.” Id. (citing United States v. Fulford, 267 F.3d 1241, 1245 (11th Cir.2001)). In contrast, jury instructions that are challenged for the first time on appeal are reviewed for plain error. United States v. Prather, 205 F.3d 1265, 1270 (11th Cir.2000) (citing Fed.R.Crim.P. 30, 52(b)).
DISCUSSION
18 U.S.C. § 1956(a)(2) (the transportation money laundering statute) proscribes a broad range of conduct, prohibiting three distinct types of money laundering. See United States v. Bolden, 325 F.3d 471, 486 (4th Cir.2003) (discussing the four prohibitions listed in § 1956(a)(1)). To establish a violation of money laundering under § 1956(a)(2), the government must first prove the defendant transported, transmitted, or transferred (or attempted to transport, transmit, or transfer) a monetary instrument or funds “from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States.” 18 U.S.C. § 1956(a)(2). Second, the government must prove the defendant “transported” the funds:
(A) with the intent to promote the carrying on of specified unlawful activity; or
(B) knowing that the monetary instrument or funds involved in the transportation, transmission, or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, or transfer is designed in whole or in part
(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law.
(emphasis added).
Felts was specifically charged with violating § 1956(a)(2)(A) and (B)(i). At trial, the judge instructed the jury, pursuant to the Eleventh Circuit Pattern Jury Instructions, that Felts could be found guilty of money laundering if all of the following facts were proven beyond a reasonable doubt:
First, that the Defendant knowingly attempted to transport, transmit or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States. And, second, that the defendant engaged in the attempted transportation, transmission, or transfer with the intent to promote the carrying on of the specified unlawful activity or, knowing that the funds involved in the transportation, transmission or transfer represented the proceeds of some form of unlawful activity and knowing that such transportation, transmission or transfer was designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the funds.
[R. 337, p.968-69 (emphasis added)].
Felts claims promotional money laundering and concealment money laundering are two separate offenses under 18 U.S.C. § 1956(a)(2) and that the district court erred by submitting these two offense as a single charge and refusing to use a special verdict form. Alternatively, Felts argues the judge should have instructed the jury that it must unanimously agree as to which mental state existed (intent to promote or intent to conceal) before finding him guilty. Because Defendant is challenging the jury instructions for the first time on appeal, the Court[*1344] must review the instructions only for plain error. Prather, 205 F.3d at 1270. Under the “plain error” standard, Defendant must demonstrate (1) an error occurred, (2) the error was plain, and (3) the error affected substantial rights. [1] United States v. Olano, 507 U.S. 725, 732, 113 S.Ct. 1770, 1776, 123 L.Ed.2d 508 (1993) (citing Fed. R.Crim.P. 52(b)).
Courts have repeatedly held that “where a statute defines two or more ways in which an offense may be committed, all may be alleged in the conjunctive in one count.” United States v. Bolden, 325 F.3d 471, 487 n. 20 (quoting United States v. LeDonne, 21 F.3d 1418, 1427 (7th Cir. 1994)). Proof of any one of those acts conjunctively charged may support a conviction. LeDonne, 21 F.3d at 1427; see also, United States v. Stone, 954 F.2d 1187, 1192 (6th Cir.1992); United States v. Bonanno, 852 F.2d 434, 441 (9th Cir.1988), cert. denied, 488 U.S. 1016, 109 S.Ct. 812, 102 L.Ed.2d 801 (1989); United States v. Clausen, 792 F.2d 102, 105 (8th Cir.1986), cert. denied, 479 U.S. 858, 107 S.Ct. 202, 93 L.Ed.2d 133 (1986). Under § 1956(a)(2), the promotion and concealment prongs are simply two different means by which the requisite mens rea for the single offense of money laundering may be proven. United States v. Stewart, 256 F.3d 231, 248 (4th Cir.2001) (the fact that the defendant possessed two different types of mens rea while completing the financial transactions at issue does not create two distinct offenses). Consequently, it is permissible for district courts to submit “promotional money laundering” and “concealment money laundering” as a single charge on a general verdict form. See Bolden, 325 F.3d at 487 n. 19 (“A single count of an indictment may permissibly allege either one or more of the types of money laundering contained in § 1956(a)(1).”); United States v. Booth, 309 F.3d 566, 572 (9th Cir.2002) (“the jury was permitted to convict if it found that [defendant] had conducted the money laundering transactions either with the intent to promote the unlawful activity or knowing that the transactions were designed to conceal”) (italics in original).
Furthermore, because the distinction between using money to “promote” unlawful activity and using it to “conceal or disguise the nature of’ unlawful activity is minimal, a district court is not required to instruct the jury that it must unanimously agree as to which mens rea the defendant possessed at the time of the offense. United States v. Meshack, 225 F.3d 556, 569 n. 22 (5th Cir.2000), amended on other grounds, 244 F.3d 367 (5th Cir.2001) (a district court’s failure to instruct the jury that it must unanimously agree as to which of the two mental states the defendant possessed is not plain error). There is little, if any, risk of unfairness which could result from not treating each mental state as a separate violation. Id. at 569; see also, United States v. Alford, 999 F.2d 818, 820 (5th Cir.1993) (a specific unanimity question is not required where a jury is instructed that it may base a guilty verdict upon § 1956(a)(1)(A)® or (B)@); United States v. Nattier, 127 F.3d 655, 660 (8th Cir.1997) (the failure to provide a specific unanimity instruction does not constitute error, much less plain error).
[*1345] Accordingly, because “promotional money laundering” and “concealment money laundering” are two separate offenses that do not require a special verdict form or a specific unanimity instruction, we conclude the district court’s instructions to the jury was not error, plain or otherwise.
AFFIRMED.
. A district judge is vested with broad discretion in formulating a jury charge so long as the charge as a whole accurately reflects the law and the facts. United States v. Turner, 871 F.2d 1574, 1578 (11th Cir.1993); United States v. Silverman, 745 F.2d 1386, 1395 (11th Cir.1984). A conviction will not be reversed on the basis of an improper jury charge unless "the issues of law were presented inaccurately, the charge included crimes not in the indictment, or the charge improperly guided the jury in such a substantial way as to violate due process.” Turner, 871 F.2d at 1578 (internal citations omitted).