United States v. Peter Lam

MEMORANDUM

Appellant Peter Xuong Lam was convicted of three counts of selling illegally imported fish, in violation of 18 U.S.C. § 545 ; introducing misbranded fish into interstate commerce with intent to defraud, in violation of 21 U.S.C. §§ 831 (a), (c); and conspiracy to commit these offenses, in violation of 18 U.S.C. § 371 . Lam was sentenced to 41 months imprisonment and ordered to forfeit 267,570 pounds of fish and $12.58 million. Lam appeals the forfeiture order, arguing that it violates the Excessive Fines Clause of the Eighth Amendment. We have jurisdiction under 28 U.S.C. § 1291 . Because the district court granted the forfeiture order without addressing Lam’s constitutional claim, we vacate the order and remand to the district court to determine whether the forfeiture order violates the Eighth Amendment.

A forfeiture is excessive under the Eighth Amendment if it is “grossly disproportional to the gravity of a defendant’s offense.” United States v. Bajakajian, 524 U.S. 321, 334 , 118 S.Ct. 2028 , 141 L.Ed.2d 314 (1998). If a “plaintiff makes a prima facie showing that the forfeiture may be excessive, the district court must make a determination, based upon appropriate…