United States v. Steven Max Safirstein

TANG, Circuit Judge:

Safirstein appeals from his convictions for willfully making a false statement in violation of 18 U.S.C. § 1001, and for willful failure to report the attempted transportation of more than $10,000 in monetary instruments outside the United States in violation of 31 U.S.C. § 5316(a)(1)(A). We have jurisdiction under 28 U.S.C. § 1291. We affirm the conviction but vacate the sentence and remand for resentencing.

I

Safirstein arrived at Los Angeles International Airport on February 1, 1986. He intended to depart on Varig Airlines flight No. 841, bound for Panama. U.S. Customs…