UNITED STATES v. BOOKY

No. 83-1239.

733 F.2d 1335 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Seth Ira BOOKY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1984.


Attorney(s) appearing for the Case

Mervyn Hamburg, Washington, D.C., for plaintiff-appellee.

Ron Minkin, Minkin & Kohn, Los Angeles, Cal., for defendant-appellant.

Before CHOY, GOODWIN and KENNEDY, Circuit Judges.


CHOY, Circuit Judge:

We determine whether the district court properly sentenced appellant Seth Ira Booky under the felony enhancement provision of 31 U.S.C. § 5322(b). Concluding that Booky was improperly sentenced, we vacate his sentence and remand to the district court for resentencing under 31 U.S.C. § 5322(a).

BACKGROUND

On June 1, 1983, two United States Customs officials stopped Booky at the Honolulu International Airport while he...

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