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U.S. v. $132,245.00 IN U.S. CURRENCY

No. 12-56988.

764 F.3d 1055 (2014)

UNITED STATES of America, Plaintiff-Appellee, Alain Cyr, Claimant-Appellant, v. $132,245.00 IN U.S. CURRENCY, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2014.

Attorney(s) appearing for the Case

Richard Kaplan (argued), Kaplan Marino, P.C., Beverly Hills, CA; Eric Honig , Law Office of Eric Honig, Marina del Rey, CA, for Claimant-Appellant.

Steven Reuben Welk (argued), Assistant United States Attorney, Chief, Asset Forfeiture Section; André Birotte Jr. , United States Attorney; Robert E. Dugdale , Assistant United States Attorney, Chief, Criminal Division; P. Greg Parham , Assistant United States Attorney, Asset Forfeiture Section; Office of the United States Attorney, Los Angeles, CA, for Plaintiff-Appellee.

Before: A. WALLACE TASHIMA, N. RANDY SMITH, and MARY H. MURGUIA, Circuit Judges.

OPINION

N.R. SMITH, Circuit Judge.

Alain Cyr appeals the district court's decision forfeiting $132,245 for failure to report the currency when crossing the United States border in violation of 31 U.S.C. § 5316, see 31 U.S.C. § 5317(c), and for bulk cash smuggling, id. § 5332. Cyr argues the forfeiture constitutes an excessive fine under the Eighth Amendment.

Congress's enactment of 31 U.S.C. § 5332, which prohibits...

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