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U.S. v. McNAMARA

No. 95-6126.

74 F.3d 514 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. Warren Harding McNAMARA, Jr., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 2, 1996.

Attorney(s) appearing for the Case

ARGUED: William Graham Otis, Senior Litigation Counsel, United States Attorney's Office, Alexandria, Virginia, for Appellant. Kevin Paul O'Connell, Kevin O'Connell, P.C., Portland, Oregon, for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Vincent L. Gambale, Assistant United States Attorney, Alexandria, Virginia, for Appellant. Ronald L. Smith, Hampton, Virginia, for Appellee.

Before ERVIN, Chief Judge, and RUSSELL and HAMILTON, Circuit Judges.

Reversed and remanded by published opinion. Judge DONALD RUSSELL wrote the opinion, in which Chief Judge ERVIN and Judge HAMILTON joined.

OPINION

DONALD RUSSELL, Circuit Judge:

On July 19, 1993, a federal jury convicted Warren Harding McNamara, Jr. ("McNamara") of illegally structuring financial transactions to avoid currency reporting requirements in violation of 31 U.S.C. § 5324(a)(3) ("antistructuring law") and § 5322(a). He received...

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