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U.S. v. ELY

No. 06-5464.

468 F.3d 399 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Michael ELY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 16, 2006.

Attorney(s) appearing for the Case

ON BRIEF: Randolph W. Alden, Office of the Federal Public Defender for the Western District of Tennessee, Memphis, Tennessee, for Appellant. Frederick H. Godwin, Assistant United States Attorney, Memphis, Tennessee, for Appellee.

Before MARTIN and COOK, Circuit Judges; BUNNING, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Michael Ely was convicted by a jury of bulk cash smuggling and making a false and fictitious material statement and representation to a Customs and Border Protection officer in violation of 31 U.S.C. §§ 5316 and 5332, and 18 U.S.C. § 1001. The jury also found that Ely's interest in the property was subject to forfeiture to the United States pursuant to section 5332. The district court subsequently...

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