Grossi

MEMORANDUM

Thomas Grossi, Sr. (“Grossi”) appeals from a criminal order of forfeiture of property issued by the United States District Court for the Northern District of California (“the district court”). Following a jury trial, Grossi was convicted of maintaining the property at 2638 Market Street, Oakland, CA (“the Market Street property”) for the manufacture of marijuana and was ordered to forfeit his entire interest in the proceeds from the forfeiture sale of the Market Street property. The district court calculated this amount at $345,347.28, but ultimately reduced the forfeiture award by $87,666.80, representing the amount Grossi paid to his sister Lauretta Weimer (“Weimer”) under a promissory note secured by the Market Street property. Grossi asserts that the order of forfeiture is an excessive fine in violation of the Eighth Amendment. The government cross-appeals, arguing that the district court erred by applying the doctrine of equitable subrogation to reduce the forfeiture award by $87,666.80.

We review de novo the district court’s interpretation of federal forfeiture law, United States v. Casey, 444 F.3d 1071, 1073 (9th Cir.2006), as well as its determination of…