US v. Pollard, No. 15-10246
(3-8-17)(Gould w/Berzon & Tunheim). This is a forfeiture case. The 9th
upheld the awarding of criminal forfeiture in this aggravated identity theft
case, in which an element was having committed and aided and abetted bank
fraud. The 9th held that the plea waiver did not bar consideration of the
legality of a sentence. The 9th held
that the district court had the statutory authority to award such forfeiture. The plea waiver did bar raising an 8th
amendment excessiveness claim, notice, and tracing the proceeds.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/03/08/15-10246.pdf
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