United States v. $1,102,720.00 U.S. Currency, Marla Fields, Claimant-Appellant

72 F.3d 136 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. $1,102,720.00 U.S. CURRENCY, Defendant, Marla Fields, Claimant-Appellant. No. 94-56302. United States Court of Appeals, Ninth Circuit. Submitted Dec. 13, 1995. * Decided Dec. 15, 1995. Before: ALDISERT, ** FARRIS, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Marla Fields appeals the district court's grant of summary judgment in favor of the United States in the government's civil forfeiture action under 31 U.S.C. Sec. 5317 (c). We have jurisdiction under 28 U.S.C. Sec. 1291 . Because genuine issues of material fact remain and because, in light of our recent decision in United States v. $69,292.00 in U.S. Currency, 62 F.3d 1161 (9th Cir.1995), the district court erred in concluding that the Eighth Amendment's Excessive Fines Clause does not apply to forfeitures under Sec. 5317(c), we reverse and remand. 3 * With regard to the money that Fields' husband brought into…