Two hard fought appeals from the FPD Oregon:

1. US v. Nejad, No. 18-30082 (8-13-19)(Watford w/N. Smith & R. Nelson). The 9^th affirmed a “personal money judgment” in the criminal forfeiture context. The 9^th did so based on prior precedent, finding that Honeycutt v. US, 137 S.Ct 1626 (2017) did not overrule it. The gov’t need not identify specific property, but can collect a sum of the forfeited value. However, the government must follow the provisions and constraints of 21 USC 853(p) and return to seek enforcement.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/08/13/18-30082.pdf

2.  US v. Hernandez-Martinez, No. 15-30309 (8-13-19)(Berzon w/Graber & Robreno). 18 USC 3582(c)(2) allows a court to reduce a previously imposed sentence based on a guidelines reduction. However, the reduction is not allowed if the original sentence was below the new amended guideline range. This would not include substantial assistance departures.  See US v. Padilla-Diaz, 862 F.3d 856 (9^th Cir. 2017).  Hughes v. US, 138 S. Ct 1765 (2018) did not overrule Padilla-Diaz. Hughes held that C pleas (stipulated) can be reduced under 3582c2 if the sentence had used the guidelines as a factor.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/08/13/15-30309.pdf