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U.S. v. OREIRA

No. 93-1079.

29 F.3d 185 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio Eduardo OREIRA and Carlos Humberto Postizzi, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 16, 1994.

Attorney(s) appearing for the Case

Timothy Crooks, Peter M. Fleury, Asst. Federal Public Defenders, Ira R. Kirkendoll, Federal Public Defender, Fort Worth, TX, for Oreira.

Ralph R. Martinez, Houston, TX (court-appointed), for Postizzi.

Richard Roper, Delonia A. Watson, Asst. U.S. Attys., Richard H. Stephens, Fort Worth, TX, for appellee.

Before KING and SMITH, Circuit Judges, and KAZEN, District Judge.

KAZEN, District Judge:

Sergio Eduardo Oreira (Oreira) and Carlos Humberto Postizzi (Postizzi) appeal from their convictions on three counts of structuring in order to evade the reporting requirements and one count of conspiracy. We reverse and remand.

Background

Federal law requires financial institutions to file a currency transaction report (CTR) with the Secretary of the Treasury for cash transactions greater than $10,000. 31 U.S.C. §...

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