United States v. Leon, No. 15-12578 (11th Cir. 2016)Annotate this Case
Defendant was found guilty of three counts of attempting to cause a financial institution to not file a required currency transaction report (a CTR), in violation of 31 U.S.C. 5324(a)(1). For the first time on appeal, defendant contends that the government and the district court constructively amended the indictment, allowing her to be tried and convicted of violating section 5324(a)(3), and not section 5324(a)(1). Defendant also argues for the first time that the evidence was insufficient to sustain her convictions. The court concluded that, although the instructions given by the district court were not perfect, they did not, under plain error analysis, amount to a constructive amendment of the indictment. The court also concluded, under a plain error analysis, that the evidence was sufficient to convict defendant. Accordingly, the court affirmed the judgment.