United States of America v. Marcel Semaan

05-4244Court of Appeals for the Fourth CircuitSep 20, 2005

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4244
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARCEL SEMAAN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (CR-04-94)
Submitted: August 29, 2005 Decided: September 20, 2005
Before TRAXLER, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Christopher B. Holley, HOLLEY & LEVINE, PC, Fairfax, Virginia, for
Appellant. Paul J. McNulty, United States Attorney, Richard D.
Cooke, Special Assistant United States Attorney, Alexandria,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Marcel Semaan appeals his conviction for failing to file
a required disclosure for the importation of currency exceeding
$10,000 in value, in violation of 31 U.S.C. §§ 5316, 5322 (2000);
and making a materially false statement to the Government, in
violation of 18 U.S.C. § 1001 (2000). He does not challenge his
sentence. Semaan asserts that the Government failed to prove the
currency at issue was authentic, that the value printed on the
currency was hearsay, and that he was not obligated to report the
currency he brought into the United States until he departed from
the United States. Having reviewed the record and Semaan’s claims,
we find no error. Accordingly, we affirm on the reasoning of the
district court expressed from the bench at the motion hearing
conducted on June 18, 2004. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED

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