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United States Ninth Circuit


US v. Del Toro-Barboza, 10-50487

Convictions and sentences for a couple charged with cash smuggling and not filing required reports about exporting money are affirmed, where: 1) evidence for the convictions was sufficient; 2) jury instructions were not erroneous; 3) although the statutes under which the defendants were convicted were multiplicitous, there was no double jeopardy violation because Congress clearly intended to provide for two separate punishments for the same conduct; 4) statements made by the prosecutor in closing arguments did not require reversal; and 5) a sentencing enhancement was appropriate and the sentence was substantively reasonable.

Appellate Information

  • Decided 03/14/2012
  • Published 03/14/2012

Judges

  • Gould

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Haring P. Raghupathi, Daniel E. Butcher

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