Dejanu

United States v. Dejanu

Good Law
37 F. App'x 870
United States Court of Appeals for the Ninth CircuitJune 12, 2002No. 01-10602; D.C. No. CR-00-00006-WHACalifornia1,461 words

Opinion

Lead Opinion

MEMORANDUM **

Phongsoon Dejanu appeals from the denial of a motion for reconsideration. Dejanu’s motion asked the district court to reconsider its prior denial of Dejanu’s motion to release funds that were seized by the government. Because the facts are *872 familiar to the parties, we only repeat them as necessary to explain our reasoning. We review “a district court’s denial of a motion for reconsideration for abuse of discretion.” Kona Enter., Inc. v. Estate of Bishop, 229 F.3d 877 , 883 (9th Cir.2000).

1. One of the district court’s grounds for denial was Dejanu’s failure to present new evidence. Civil Local Rule 7-9 for the Northern District of California requires that motions for leave to file motions of reconsideration demonstrate the existence of one of three justifications: “1) That at the time of the motion for leave, a material difference in fact or law exists from that which was presented to the court before entry of the interlocutory order for which reconsideration is sought; or 2) The emergence of new material facts or a change of law occurring after the time of such order; or 3) A manifest failure by the court to consider material facts which were presented to the…

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