United States of America, Plaintiff-Appellee-Cross-Appellant v. Bryan Gordon Rathbun, Defendant-Appellant-Cross-Appellee

979 F.2d 857 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee-cross-Appellant, v. Bryan Gordon RATHBUN, Defendant-Appellant-cross-Appellee. Nos. 91-30310, 91-30332. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1992. Decided Nov. 19, 1992. Before D.W. NELSON, REINHARDT and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Bryan Rathbun was convicted by a jury of conspiracy to avoid and avoidance of currency reporting requirements in violation of 18 U.S.C. §§ 2 and 371, and 31 U.S.C. § 5316 . He appeals his conviction on the grounds that (1) the act of a previously acquitted coconspirator may not constitute the overt act for a conspiracy conviction, and (2) it is not a crime to attempt to violate 31 U.S.C. § 5316 . The government cross-appeals under 18 U.S.C. § 3742 , claiming that the district court erred in not imposing a fine. We have jurisdiction under 28 U.S.C. § 1291 . We…