Wednesday, March 08, 2017

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:


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