Legal Opinion

United States of America, Cross-Appellant v. Michael Wesley O'banion, Cross-Appellee

Court of Appeals for the Fifth Circuit

Decided November 14, 1991No. 90-2675PublishedCited by 28 opinions

1Opinion of the Court

BARKSDALE, Circuit Judge.

Michael Wesley O’Banion appeals his conviction for knowingly importing monetary instruments in excess of $10,000 without reporting them, in violation of 31 U.S.C. § 5316. The principal issue is the sufficiency of the evidence concerning whether he knowingly and willfully violated the currency reporting laws, in light of his claim that he thought he could divide the currency with his two companions. On cross-appeal, the government challenges the sentence not including imprisonment (only a fine and supervised release, including home confinement, imposed). We AFFIRM IN…

2Cases cited32 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. United States v. YoungSupreme Court of the United States · 1985
  3. Solem v. HelmSupreme Court of the United States · 1983
  4. Harmelin v. MichiganSupreme Court of the United States · 1991
  5. Johnson v. RobisonSupreme Court of the United States · 1974

27 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. United States v. TrejoCourt of Appeals for the Fifth Circuit · 2010
  2. United States v. RodriguezCourt of Appeals for the Fifth Circuit · 1994
  3. United States v. GonzalesCourt of Appeals for the Fifth Circuit · 1997
  4. United States v. William K. McKinney Also Known as PuppetCourt of Appeals for the Seventh Circuit · 1992
  5. United States v. RamosCourt of Appeals for the Fifth Circuit · 2008

23 more not listed; retrieve them via the Exa API.

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