Opinion of the Court — United States v. Hurtado

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Type: Opinion of the Court
Filed: June 10, 2002
Case: United States v. Hurtado
Case status: Decided

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Opening text

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SUMMARY ORDER AFTER ARGUMENT AND UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the District Court is hereby AFFIRMED IN PART and REMANDED IN PART. Defendant-Appellant Maria Hurtado appeals from a judgment of conviction entered on September 11, 2000, in the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge), following a jury trial. Hurtado argues that the evidence at trial was insufficient to sustain her conviction, that the District Court erred in admitting the testimony of the Government’s expert witness, that she received ineffective assistance of counsel in connection with her decision not to plead guilty, and that the District Court erred at sentencing in refusing to downwardly depart from the applicable sentencing guideline. The original, one-count indictment, filed September 17, 1997, charged Hurtado with international transportation of more than $10,000 after willfully failing to file a currency report, in violation of 31 U.S.C. §§ 5316 and 5322. In a superseding indictment filed November 18, 1999, three counts were added to the original charge: international transportation of funds with the …

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