UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
August 19, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
JOSHUA HEDLUND, DEFENDANT.
The opinion of the court was delivered by: D. Lowell Jensen United States District Judge
On February 4, 2008, Defendant Joshua Hedlund (Hedlund) pled guilty to one count of Use of Premises for the Purpose of Manufacturing Marijuana, in violation of 21 U.S.C. § 856(a)(1), and one count of Money Laundering, in violation of 18 U.S.C. § 1956(a)(1)(A)(1). Subsequently, in June, the United States Supreme Court decided the case of United States v. Santos, __ U.S. __, 128 S.Ct. 2020 (2008), holding that the word "proceeds" in § 1956(a)(1)(A)(1) means "profits". It is the tentative ruling of the Court that, pursuant to the Santos decision, the factual basis for Hedlund's plea is insufficient to support a finding of guilt for the crime of Money Laundering. The Court's reasoning on this matter will be further explained in a future order. As a result the Court orders the probation department to amend the Pre-sentence Report and remove the references to that offense as an offense of conviction in the Guideline and Sentencing calculations.
IT IS SO ORDERED
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