United States v. Santos — Breyer, J., Dissenting

Summary

Justice Breyer dissents, arguing that the merger problem is a sentencing issue better resolved by the Sentencing Commission than by interpreting 'proceeds' as 'profits,' while expressing concern over unfairness in money laundering penalties for underlying crimes. He notes that unlike the plurality, he would look to other legal solutions to avoid sentencing disparities. Justice Alito and Justice Stevens dissenting and concurring in the judgment respectively, offer alternative interpretations of the statute regarding the definition of proceeds and the merger problem.