Sherrer

MEMORANDUM *

Hans Carl Sherrer (“Sherrer”) appeals his conviction and sentence on two counts of failing to report the transportation of monetary instruments of more than $10,000, in violation of 31 U.S.C. §§ 5316 and 5322. Sherrer was sentenced to 24 months’ imprisonment and three years of supervised release. Because the parties are familiar with the facts and prior proceedings of this case, we shall not recite them here. We have jurisdiction under 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

1. Indictment

Appellant contends that the indictment was insufficient because it failed to specify the necessary criminal intent for the reporting offense. Because he did not timely object to the sufficiency of his indictment, we review for plain error. United States v. Ross, 206 F.3d 896, 899 (9th Cir.2000). The indictment is sufficient if it “contains the elements of the offense charged and fairly informs the defendant of the charge against which he must defend” and it “enables him to plead an acquittal or conviction in bar of future prosecutions.” Id. (citation omitted). Such was true here. The indictment tracked the relevant statutory language in both counts, alleging that…