Jaroch

United States v. Jaroch

Good Law
249 F. App'x 667
United States Court of Appeals for the Ninth CircuitOctober 2, 2007No. 05-10488California320 words

Opinion

Lead Opinion

MEMORANDUM **

John Jaroch appeals pro se from the district court’s order denying his motion for return of property. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, United States v. Ritchie, 342 F.3d 903, 906 (9th Cir.2003), and we reverse and remand.

On summary judgment, see Ritchie, 342 F.3d at 909 , the district court ruled that Jaroch was not entitled to monetary damages because he did not come forward with reliable evidence of the value of his property. We disagree. In compli- *668 anee with the district court’s order, Jaroch submitted competent evidence of the value of the property. The Government never submitted any evidence to the district court about the value of the property. We therefore conclude that the district court erred when it failed to award Jaroch the $2,500 he declared in a sworn statement that the property was worth. Accordingly, we reverse and remand for the district court to enter judgment in favor of Jaroch.

We lack jurisdiction to review the district court’s orders denying Jaroch’s motion to waive the fine and his request to participate in the Bureau of Prisons’ Inmate Financial Responsibility Program because he has not filed a notice…

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