Kim

United States v. Kim

Good Law
806 F.3d 1161·2015 WL 7739871
United States Court of Appeals for the Ninth CircuitAugust 13, 2015Nos. 12-56922, 13-55555, 13-55556California8,281 words

Opinion

Lead Opinion

Smith, J.

ORDER

The Opinion filed August 13, 2015 [ 797 F.3d 696 ], is amended as follows:

Slip opinion page 19 [ 797 F.3d at 706 ]: after add the following as a footnote: < Jurisdiction over claims against the United States is generally given to the Court of Federal Claims. See 28 U.S.C. §§ 1346 , 1491(a). Nevertheless, although we concluded that CAFRA fee awards are claims against the United States, jurisdiction over them is expressly given to the district courts. See 18' U.S.C. § 983; 28 U.S.C. § 2465 . >

With this amendment, the panel has voted unanimously to deny the motion of Americans for Forfeiture Reform for sua sponte rehearing en banc and for court appointment as amicus curiae. The motion is DENIED as moot.

On October 2, 2015, the parties to this case filed a Notice of Settlement. In the Notice, the parties requested that this court’s mandate be issued. We GRANT the parties’ request; therefore, no further petitions for rehearing or rehearing en banc may be filed in response to the amended petition.

A certified copy of this order shall constitute the mandate of this…

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