Tuesday, March 8, 2011

Fourth Circuit holds that Santos rule applies retroatively on collateral review

United States  v. Halstead, No. 09-7442 (4th Cir. Mar. 7, 2011):

In United States v. Santos, 553 U.S. 507 (2008), the Supreme Court of the United States narrowed the scope of the money laundering statute by interpreting the term "proceedings" in 18 U.S.C. § 1956(a)(1) to mean the "net profits" of an illegal gambling business rather than its "gross receipts."  Because this is a substantive rule instead of a procedural rule, the Santos rule applies retroactively on collateral review.

[The Fourth Circuit also remanded to the District Court a case held in abeyance pending this decision.  See United States v. Ranjha, No. 09-8234 (4th Cir. June 10, 2011).) 

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