Ex Parte Kelley

I respectfully dissent. I believe the Court of Civil Appeals reached the correct result in this case, and I would affirm.

The majority relies on United States v. Bajakajian,524 U.S. 321, 118 S.Ct. 2028 (1998), to support its conclusion that the judgment of the Court of Civil Appeals must be reversed. I believe that Bajakajian is distinguishable, because the underlying crime in that case and the crime in this case are quite different. In Bajakajian, the defendant was guilty only of a failure to report the movement of funds from the United States to another country. The United States Supreme…