United States v. Del Toro-Barboza, No. 10-50487 (9th Cir. 2012)
Annotate this CaseDefendants appealed their convictions for bulk cash smuggling and failure to file reports on exporting monetary instruments. Border agents found a bag containing $500,000 in cash in a box under a sheet in the back of defendants' van when they were making an early morning crossing. No declaration of possession had been made. Defendants appealed their convictions and sentences, contending that there was insufficient evidence to convict, that there was instructional error, that their convictions violated the double jeopardy clause, that the indictments should have been dismissed because the government had destroyed evidence, that prosecutorial misconduct and false comments in argument gave them a right to a new trial, that there was cumulative error, and that the district court misapplied the sentencing guidelines. The court rejected all these contentions and affirmed the judgment. The court remanded to the district court and ordered it to amend the judgments to remove references to 31 U.S.C. 5324(b)(1).
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