United States v. Charles Noel Woodward

Woodward appeals from a conviction on. two counts for failing to report approximately $22,000 in United States currency he was carrying as he entered the country. We affirm his conviction under 31 U.S.C. § 1058 (1976), the second count, but reverse his conviction under 18 U.S.C. § 1001 (1976), the first count, because we conclude that the section 1001 offense merges into the section 1058 conviction pursuant to the statutory interpretation rule of Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932).

FACTS

On March 1, 1980, Charles Noel Woodward, the defendant and appellant, arrived with his wife Diane at Los Angeles International Airport on an incoming flight from Brazil. Woodward filed a U.S. Customs declaration form on which he stated that neither he nor any member of his family was carrying monetary instruments in excess of $5,000 into the United States. Under 31 U.S.C. § 1101 (1976), Woodward was required to report any such currency in excess of $5,000.

While the Woodwards were being processed through customs, Customs inspectors determined that Woodward was a fugitive from prosecution in Greece. The inspectors also noticed an unnatural-looking…