041459P.pdf   08/31/2005  USA  v.  Mathias Pizano
   U.S. Court of Appeals Case No:  04-1459
                          and No:  04-1625
                          and No:  04-1592
                          and No:  04-1591
   Southern District of Iowa   
   [PUBLISHED] [Gruender, Author, with Bye and Hansen] 
   Criminal case - criminal law. Evidence was sufficient to support 
   conviction for conspiracy to distribute cocaine and marijuana; claim of a 
   variance between the indictment and the evidence rejected; claims of trial 
   error were abandoned through defendant's failure to brief the issues in 
   any meaningful way; evidence was sufficient to support second 
   defendant's bank fraud and illegal monetary transactions convictions; 
   second defendant's claim of variance is also rejected; bank fraud 
   instructions as a whole were a proper and adequate statement of the law; 
   evidence was sufficient to support third defendant's illegal monetary 
   transaction conviction; evidence was sufficient to support all defendants' 
   convictions for conspiracy to commit money laundering; government's 
   claim that the court erred in applying Guidelines Sec. 2S1.1(a)(2) by 
   failing to aggregate each level of the second defendant's money 
   laundering offense is rejected; applying Pirani's plain error analysis, 
   second defendant was not entitled to Booker relief as she could not 
   demonstrate a reasonable likelihood that the district court would have 
   imposed a lesser sentence under an advisory guidelines scheme; district 
   court did not err in determining the value of laundered funds attributable 
   to third defendant; layering transactions constitutes sophisticated money 
   laundering under Guidelines Sec. 2S1.1, and the district court did not