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U.S. v. SIGNED PERSONAL CHECK NO. 730

No. 09-55353.

615 F.3d 1085 (2010)

UNITED STATES of America, Plaintiff-Appellee, Yubran S. Mesle, Claimant-Appellant, v. SIGNED PERSONAL CHECK NO. 730 OF YUBRAN S. MESLE, Drawn from Bank of America Account No. 0967267676 in the amount of $240,000.00 in U.S. Currency; Signed Personal Check No. 1004 of Yubran S. Mesle, Drawn from Wells Fargo Bank Account No. 3572585739 in the Amount of $5,000.00 in U.S. Currency; Signed Personal Check No. 1040 of Yubran S. Mesle, Drawn, from Bank of America Account No. 2454767190, No Amount Stated; $197,031.14 in U.S. Currency, Seized from Bank of America Account No. 0967267676 on February 22, 2008; $1,598.21 in U.S. Currency, Seized from Wells Fargo Bank Account No. 3572585739 on February 22, 2008, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2010.

Attorney(s) appearing for the Case

Karen P. Hewitt, United States Attorney; Bruce R. Castetter, Assistant United States Attorney, Chief, Appellate Section, Criminal Division; Bruce C. Smith, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.

Richard M. Barnett, San Diego, CA, for the claimant-appellant.

Before: D.W. NELSON and STEPHEN REINHARDT, Circuit Judges, and ROBERT H. WHALEY, Senior District Judge.

OPINION

REINHARDT, Circuit Judge:

Yubran Mesle appeals the district court's denial of his motion to set aside an entry of default in a forfeiture proceeding against checks drawn on Mesle's accounts and funds in those accounts. "[J]udgment by default is a drastic step appropriate only in extreme circumstances; a case should, whenever possible, be decided on the merits." Falk v. Allen, 739 F.2d 461, 463 (9th Cir...

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