Charles D. Scanio v. United States

This is a case concerning jurisdiction and it necessarily implicates the right of access to the courts. In my view, the majority has given an incorrect and needlessly narrow interpretation to applicable principles, with the result that appellant will be denied his day in court. I respectfully disagree and dissent.

Scanio was prosecuted in the Western District of New York for structuring a currency transaction in violation of 31 U.S.C. §§ 5324(3) and 5322(a). After trial by jury, he was convicted and sentenced to a one year term of imprisonment and two. years of supervised release. Scanio…