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United States Sixth Circuit


US v. Ely, 06-5464

A forfeiture order and defendant's sentence arising from his conviction for bulk cash smuggling and making a false statement to a customs officer are affirmed over claims that: 1) the order, requiring full forfeiture of the currency defendant carried, constituted an excessive fine imposed in violation of the Eight Amendment; and 2) that his sentence was unreasonable under Booker.

Appellate Information

  • Decided 11/16/2006
  • Published 11/16/2006

Judges

  • Before MARTIN and COOK, Circuit Judges;  BUNNING, District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ON BRIEF:  Randolph W. Alden, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant.  Frederick H. Godwin, Assistant United States Attorney, Memphis, Tennessee, for Appellee.
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