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U.S. v. JOSE

No. 05-1126.

499 F.3d 105 (2007)

UNITED STATES of America, Appellee, v. Otilio JOSE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 17, 2007.

Attorney(s) appearing for the Case

Mauricio Hernández Arroyo, with whom Law Offices of Mauricio Hernández Arroyo was on brief, for appellant.

Aramis G. Ríos, Assistant United States Attorney, with whom Rosa Emilia Rodriguez-Velez, United States Attorney, Nelson Pérez-Sosa, Assistant United States Attorney, and Mariana E. Bauzá-Almonte, Assistant United States Attorney, were on brief, for appellee.

Before LYNCH and HOWARD, Circuit Judges, and YOUNG, District Judge.

LYNCH, Circuit Judge.

This case presents our first occasion to address the bulk cash smuggling provisions of the 2001 USA PATRIOT Act, Pub.L. No. 107-56, § 371, 115 Stat. 272, 336-38 (codified as amended at 31 U.S.C. § 5332). Defendant Otilio Jose challenges the district court's forfeiture order in the amount of $114,948, arguing that it constitutes an excessive fine in violation of the Eighth Amendment. He does not challenge his straight guilty plea to...

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