CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

No. 03-1293.Argued November 30, 2004--Decided January 11, 2005^*

Petitioners were convicted of conspiracy to launder money in violation of 18 U. S. C. §1956(h) after the District Court denied their request to instruct the jury that the Government was required to prove beyond a reasonable doubt that at least one of the co-conspirators had committed an overt act in furtherance of the conspiracy. The Court of Appeals affirmed the convictions, holding, in relevant part, that the jury instructions were proper because §1956(h) does not require proof of an overt act.

Held: Conviction for conspiracy to commit money laundering, in violation of §1956(h), does not require proof of an overt act in furtherance of the conspiracy. Pp. 3-10.

Full Text of Opinion