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UNITED STATES v. VALDES-GUERRA

No. 83-5691.

758 F.2d 1411 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Abelardo VALDES-GUERRA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 25, 1985.

Attorney(s) appearing for the Case

Richard A. Hamar, Miami, Fla., for Valdes-Guerra.

Stanley Marcus, U.S. Atty., Linda Collins Hertz, Kenneth F. Noto, Lawrence H. Sharf, Asst. U.S. Attys., Miami, Fla., for United States.

Before VANCE and ANDERSON, Circuit Judges, and HENLEY, Senior Circuit Judge.

HENLEY, Senior Circuit Judge:

Abelardo Valdes-Guerra (Valdes) was convicted on one count of a conspiracy to violate the currency reporting provisions of 31 U.S.C. § 5316, and conspiracy to defraud the government. See 18 U.S.C. § 371. He appeals contending that he is guilty of no more than a misdemeanor because the evidence only shows he agreed to violate § 5316 one time and thus the enhancement provision, § 5322(b), is inapplicable. He also...

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