Racketeering — here, money laundering. The government and defendants agree that Guideline offense level 23 for section 1956(a)(l)(A)(i) is not relevant or applicable given the evidence at trial. While this conclusion does not seem ordained by the relevant Guidelines provisions, there is no reason to force a more harsh sentence than the government seeks. The evidence at trial proved beyond a reasonable doubt that defendants conspired to violate both section 1956(a)(l)(B)(i) and section 1957. A sentence that correctly reflects this determination is necessary. See U.S.S.G. § lB1.2(d) and cmts. 4 & 5 (where a jury verdict does not establish which offenses were the objects of a conspiracy, the court makes the determination); see also United States v. Malpeso, 115 F.3d 155, 168 (2d Cir.1997) (<HOLDING>). Base offense level 20 is the highest
holding that  106a is constitutional holding constitutional ussg  lb12d holding a party failed to preserve error on its constitutional due process argument concerning notice when they did not cite any state or federal constitutional provision to the trial court or otherwise explain how lack of notice violated their constitutional rights recognizing constitutional right to effective counsel recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights