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UNITED STATES v. BUILES

November 13, 1993

UNITED STATES OF AMERICA,
v.
CARLOS BUILES, Defendant.


McAvoy


The opinion of the court was delivered by: THOMAS J. MCAVOY

I. BACKGROUND

 On February 6, 1992, Carlos Builes was indicted by a grand jury sitting in the Northern District of New York. Count One charged Builes with transporting more than $ 10,000 in U.S. currency from Canada to the United States, and willfully failing to file a report of that international transportation of currency, in violation of 31 U.S.C. §§ 5316, 5322(a). Count Two charged Builes with falsely denying that he was carrying more than $ 10,000 in U.S. currency, in violation of 18 U.S.C. § 1001. Trial commenced on June 1, 1992, in Watertown, New York. The evidence at trial established that Builes smuggled $ 240,000 in U.S. currency into the United States via port of entry at Champlain, New York. The jury returned a verdict and found Builes guilty on both counts. At defendant's sentencing, this Court determined that the appropriate guideline provision was the 1991 United States Sentencing Guideline § 2S1.4, and computed Builes' Total Offense Level to be Level 19, as follows: Base Offense Level 9 Enhancement for Value of the Fund ($ 240,000) Enhancement for knowledge/belief that funds were criminally derived Enhancement for knowledge/belief that funds were intended for illegal purpose Total Offense Level 19

19931113

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