McCray

MEMORANDUM *

William F. McCray appeals his conviction under 18 U.S.C. §§ 1341 , 1343, and 1347 for mail fraud, wire fraud, and committing the above offenses while on pretrial release. We have jurisdiction pursuant to 18 U.S.C. § 3742 . We affirm McCray’s conviction, but remand the loss level and sentence enhancement issues to the district court for reconsideration.

1. McCray argues that the district judge erred in denying his request for a Monsanto hearing on funds seized by the government through civil forfeiture proceedings. Although the district court stated that McCray had a right to a hearing, it erroneously ruled that it lacked jurisdiction because another district judge in the same district had been assigned the principal forfeiture proceeding. This rule was contrary to our decision in United States v. Unimex, Inc., 991 F.2d 546, 551 (9th Cir.1993). There, we held that “[t]he district court consistís] of all the judges of the United States District Court” for the district in which the court is located. However, we also held that to warrant a Monsanto hearing, the moving papers, including affidavits, must be “sufficiently definite, specific, detailed, and nonconjectural,…