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U.S. v. BERGER

No. 08-50415.

574 F.3d 1202 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Richard I. BERGER, Defendant, v. Cornella Berger, Third-Party Movant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 31, 2009.

Attorney(s) appearing for the Case

Jenny O. Blake, Chicago, IL, for third-party movant-appellant Cornella Berger.

Leon W. Seidman and Brent A. Whittlesey, Assistant United States Attorneys, United States Attorneys Office for the Central District of California, Los Angeles, CA, for plaintiff-appellee United States of America.

Before: W. FLETCHER, RICHARD R. CLIFTON, and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

In this appeal, Third-Party Movant-Appellant Cornella Berger (Cornella) contends that the district court erred in including her community property interest in the proceeds of a real estate sale among the funds payable to victims of her former husband's fraud pursuant to the Mandatory Victim Restitution Act (MVRA), 18 U.S.C. § 3663(a). We hold that community property is available to satisfy a restitution judgment obtained under...

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