DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091759P.pdf 07/13/2010 United States v. Michelle Sweeney
U.S. Court of Appeals Case No: 09-1759
and No: 09-1823
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Gruender, Author, with Loken, Chief Judge, and
Benton, Circuit Judge]
Criminal case - criminal law and sentencing. Evidence was sufficient
to support defendants' convictions for assisting in the unauthorized
reception of cable signals and conspiracy to do so; the evidence was also
sufficient to show defendants structured their currency transactions to
avoid cash reporting requirements; any potential violation of Doyle v.
Ohio (which occurred when an officer inadvertently testified that
defendant invoked his right to counsel) was harmless beyond a reasonable
doubt; district court did not err in imposing enhancement under
Guidelines Sec. 2B5.3; no error in imposing an enhancement under
Guidelines Sec. 2B5.3(b)(3) for manufacturing an infringing device; no
error in denying defendant Michelle Sweeney's request for a minimal-
role reduction; no error in denying her request for a "safe harbor"
reduction under Guidelines Sec. 2S1.3(b)(3) as she failed to show a
legitimate source for the funds involved in the currency transactions.