United States v. $225,850.00 in U.S. Currency

MEMORANDUM **

Victor Fernandez appeals from his post-trial motion, wherein he renewed his motions for judgment as a matter of law (JMOL), contending there was insufficient evidence to support the jury’s verdict that $70,850 was subject to forfeiture because of a drug trafficking connection and that $87,000 was subject to forfeiture for its involvement in currency reporting and bulk cash smuggling violations. Although the district court reduced the $87,000 amount to $50,000, Fernandez also asserts on appeal that this amount constitutes an excessive fine. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

*160 We review de novo the district court’s decision on a renewed motion for JMOL. White v. Ford Motor Co., 312 F.3d 998, 1010 (9th Cir.2002), as amended by 335 F.3d 833 (9th Cir.2003). The test is whether “the evidence, construed in the light most favorable to the nonmoving party, permits only one reasonable conclusion, and that conclusion is contrary to that of the jury.” Id. We review de novo the district court’s determination of excessiveness of a forfeiture under the Eighth Amendment. United States v. $100,348.00 in U.S. Currency, 354 F.3d 1110 , 1121 (9th…