UNITED STATES v. $31,697.59 CASH

No. 80-5485.

665 F.2d 903 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. $31,697.59 CASH and $2,850 Cash, deposited for the release of One 1973 Pontiac Grand Prix, VIN 2K57T3P250832, California License 977-HUX, Defendant, Gilbert Arthur Tavera and Edgar Jose Farias, Claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1982.


Attorney(s) appearing for the Case

David L. Wasserman, Blackmon, Wasserman & Blicker, Sacramento, Cal., for claimants-appellants.

Stephen V. Petix, Asst. U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before ALARCON and NELSON, Circuit Judges, and CRAIG, District Judge.


NELSON, Circuit Judge:

I. FACTS AND PROCEDURAL CONTEXT

On December 13, 1976, the claimants-appellants, Gilbert A. Tavera and Edgar J. Farias, both pleaded guilty before a United States Magistrate to a violation of 31 U.S.C. §§ 1101 and 1058. Section 1101 imposes a duty to file certain reports when knowingly bringing more than $5000 in monetary instruments into the country. Section 1058 imposes a maximum penalty of up to $1000 and/or imprisonment...

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