Lazarenko

United States v. Lazarenko

Good Law
476 F.3d 642·2007 WL 401117
United States Court of Appeals for the Ninth CircuitNovember 21, 2006No. 06-10273California4,833 words

Opinion

Lead Opinion

Tallman, J.

ORDER AMENDING OPINION AND ON PETITIONS FOR REHEARING AND AMENDED OPINION

ORDER

The Court rules on the pending petitions for rehearing and Liquidators’ request to be heard as follows:

(1) The United States’ request to amend the opinion is granted in part and denied in part. The opinion filed November 21, 2006, slip opinion 18657, and reported at 469 F.3d 815 (9th Cir.2006), is hereby amended as follows:

At slip opinion 18666, starting at line 2 ( 469 F.3d at 820 ), modify the first full sentence to state: “Section 982(b)(1) incorporates the standards and procedures, other than subsection (d), for forfeiting property under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 853 .”

At slip opinion 18666, beginning at the second paragraph ( 469 F.3d at 820 ), delete: “Property of a person convicted of violating 18 U.S.C. § 1956 is presumed subject to forfeiture if the United States establishes by a preponderance of the evidence that (1) the defendant acquired the property during the period he violated 18 U.S.C. § 1956 or within a reasonable time thereafter, and (2) no likely legitimate source exists for the property other than that traceable to the…

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