United States v. Jose

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 counts arising from his failure to declare the amount of currency he was attempting to take with him out of the country. We hold that the…