JOHN P. MOORE, Circuit Judge.
In 1990, a jury convicted David A. Dashney on two counts of violating 31 U.S.C. §§ 5322(a), 5324(3), and 18 U.S.C. § 2, by structuring cash transactions in order to evade currency reporting requirements. We later affirmed the conviction on Count 1 and reversed and vacated the conviction on Count 2 on the ground the structuring charged constituted one violation under United States v. Davenport,
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