United States First Circuit

Forfeiture of currency that defendant had attempted to remove from the U.S. without declaration is affirmed over defendant's Eighth Amendment argument where the amount of the forfeiture was not grossly disproportional to the gravity of the defendant's offense. The case is remanded to adjust the forfeiture order to subtract the amount of currency that defendant did declare.

Appellate Information

• Decided 08/17/2007
• Published 08/20/2007

Judges

• LYNCH, Circuit Judge., Before LYNCH and HOWARD, Circuit Judges, and YOUNG, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mauricio Hernández Arroyo, with whom Law Offices of Mauricio Hernández Arroyo was on brief, for appellant.


• For Appellees:
  
• Aramis G. Ríos, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, and Mariana E. Bauzá-Almonte, Assistant United States Attorney, were on brief, for appellee.