Tuesday, April 01, 2014

US v. Guillen-Cervantes, No. 12-10255 (3-28-14)(Nguyen with Graber and Dearie, Sr. D.J.).
The defendant here is left holding the forfeiture bag.  Convicted of alien smuggling under 982, and facing a forfeiture amount of $229,000, the defendant argued that due process was violated because she could not seek contribution from other members of the conspiracy.  The 9th declined to find such a violation.  There was no statutory basis to imply Congress wanted such contributions.  Indeed, the opposite was true.  There was no constitutional basis either.  Forfeiture without contribution in this amount and under these circumstances did not rise to a constitutional violation.  The 9th also was unwilling to fashion a federal common law right or exercise its judicial powers.


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