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CARVAJAL v. U.S.

No. 06-55868.

521 F.3d 1242 (2008)

Mercedez CARVAJAL, Plaintiff-Appellant, v. UNITED STATES of America, substituted as Defendant in place and instead of individual Federal Defendants, Brett Kelly, Steven Norkus, HI, David Sikorra and Luke Yoo, Defendant-Appellee, and City of Los Angeles; Jason Spizouco; Gerard Kennelly; Ed Gutierrez; Brian Agnew; John Guerrero; Ruben Galvian; Mike Damianikes; Joe Prebe; Armando Sandoval; William J. Bratton, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed April 11, 2008.

Attorney(s) appearing for the Case

Eric Honig, Law Office of Eric Honig, Marina del Rey, CA, and Paul L. Gabbert, Santa Monica, CA, for the plaintiff-appellant.

Carla A. Ford, Assistant United States Attorney, Los Angeles, CA, for the defendant-appellee.

Before: JOHN R. GIBSON, DIARMUID F. O'SCANNLAIN, and SUSAN P. GRABER, Circuit Judges.

GRABER, Circuit Judge:

The main question that we must decide is whether the principles announced in United States v. $277,000 U.S. Currency, 69 F.3d 1491 (9th Cir.1995), survive the enactment of the Civil Asset Forfeiture Reform Act of 2000 ("CAFRA") (codified at 18 U.S.C. §§ 983, 985 and 28 U.S.C. § 2465). We hold that they do. Accordingly, we reverse the district court's dismissal of a claim for accrued interest...

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