Ninth Circuit -- USA V. MARK PHILLIPS

Plain error in trial court holding that buying a watch through the mail with the loot is sufficient to trigger the mail fraud statute.

As the money laundering was sufficiently separate from the fraud, there is no merger problem that would require the court to hold that the money laundering was conducted with profits as opposed to gross proceeds of fraud.  (The funds can be characterized one way for one underlying offense, and the other for the other.)

No plain error in prosc's description in closing of deft's testimony as lies.

No plain error in sentencing instruction that deft not frequent areas where illegal drugs are used or sold - condition implies a mens rea element.

Where government seeks only monetary forfeiture, no jury/Apprendi requirement - court below erred in denying.

USA V. MARK PHILLIPS