U.S. v. MALEWICKA

No. 10-3967.

664 F.3d 1099 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Jadwiga MALEWICKA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 29, 2011.


Attorney(s) appearing for the Case

Madeleine S. Murphy (argued), Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Jonathan W. Garlough (argued), Attorney, Foley & Lardner, LLP, Chicago, IL, Thomas L. Shriner, Jr. , Foley & Lardner LLP, Milwaukee, WI, for Defendant-Appellant.

Before FLAUM, KANNE, and HAMILTON, Circuit Judges.


FLAUM, Circuit Judge.

This appeal follows Jadwiga Malewicka's conviction for structuring transactions to avoid reporting requirements in violation of 31 U.S.C. § 5324(a)(3). Malewicka raises two issues on appeal. First, she argues that the amount she is required to forfeit, $279,500.00, is excessive in violation of the Eighth Amendment. Next, she argues that the ostrich instruction given at trial was improper. For the reasons set forth below, we affirm.

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