Brambila-Sanchez

MEMORANDUM *

Feliciano Brambila-Sanchez appeals the district court’s forfeiture order after Brambila-Sanchez pled guilty to a failure to report on exporting monetary instruments, in violation of 31 U.S.C. §§ 5316 (a)(1)(A) and 5324(b)(1) and (c). Brambila-Sanchez claims that the full forfeiture would violate the Excessive Fines Clause of the Eighth Amendment and that the district court did not make necessary factual findings. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we agree that the district court did not make sufficient factual findings in order to apply the “grossly disproportional” test. Therefore, we vacate the forfeiture order and remand for further proceedings in accordance with our instructions.

We must consider whether Brambila-Sanchez’s forfeiture is excessive under the test established by United States v. Bajakajian, 524 U.S. 321 , 118 S.Ct. 2028 , 141 L.Ed.2d 314 (1998). Under the Bajakajian test, “a punitive forfeiture violates the Excessive Fines Clause if it is grossly disproportional to the gravity of a defendant’s offense.” Id. at 334 , 118 S.Ct. 2028 . In Bajakajian , the Supreme Court held that the criminal forfeiture of $357,144, pursuant to 18…