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U.S. v. NALL

Nos. 90-2220, 90-2221 and 90-2271.

949 F.2d 301 (1991)

UNITED STATES of America, Plaintiff/Appellant/Cross-Appellee, v. Robert NALL, Defendant/Appellee/Cross-Appellant, and Robert McIntosh, Defendant/Appellee.

United States Court of Appeals, Tenth Circuit.

November 12, 1991.

Attorney(s) appearing for the Case

Paula G. Burnett, Asst. U.S. Atty., Albuquerque, N.M. (William L. Lutz, U.S. Atty., with her on the brief), for plaintiff/appellant/cross-appellee.

James B. Foy, Silver City, N.M., for defendant/appellee/cross-appellant Nall.

Joseph A. Calamia, El Paso, Tex. (Joseph `Sib' Abraham, Jr., with him on the brief), for defendant/appellee McIntosh.

Before HOLLOWAY, LOGAN and BALDOCK, Circuit Judges.

HOLLOWAY, Circuit Judge.

I

On March 14, 1990, a five count indictment was returned by a New Mexico federal grand jury, with Count I charging Robert H. Nall, Jr. and Robert L. McIntosh with conspiracy to evade the reporting requirements of 31 U.S.C. § 5324(3) by avoiding a bank's filing of a Currency Transaction Report (CTR) as required by 31 U.S.C. § 5313(a), in violation of 18 U.S.C. § 371. Counts II through V were substantive counts charging...

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