Fourth Circuit -- US v. Roger Day, Jr.

Deft can be convicted for aiding and abetting after being only indicted for the principal offense - not an illicit variance.

No holding on circuit split issue of whether deft has standing to raise defense of speciality from variance between the extradition and the conviction.  Court reaches merits anyway, as Article III standing exists either way, and the speciality standing question is prudential.

Aing and abetting is not a separate offense for purposes of speciality analysis.

Intent in taking the gold to Mexico suffices for money laundering statute - not just the fact that the gold was hidden in the car.

Gold is "funds" for purposes of the money laundering statute.

De minimis acts during a conspiracy suffice for venue.

FRE: prejudicial report properly excluded; other bad act evidence correctly admitted, as intrinsic to the crime.

No Apprendi error in 3m fine, as deft admissions raised the statutory maximum.  Apprendi doesn't apply to restitution and forfeiture.

US v. Roger Day, Jr.