FILED
NOT FOR PUBLICATION MAR 09 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-15458
Plaintiff - Appellee, D.C. No. 2:09-cv-00461-FCD-
v. KJM
FLAGSTAR BANK,
ORDER *
Claimant - Appellant,
v.
APPROXIAMATELY $133,803.53 IN
U.S. CURRENCY SEIZED FROM
WASHINGTON MUTUAL BANK,
Account # 440842802, held in the name of
Advantage Financial Group Holdings
Management LLC; APPROXIMATELY
$328,495.75 IN U.S. CURRENCY
SEIZED FROM WASHINGTON
MUTUAL BANK, Account #
4412174338, held in the name of Loomis
Wealth Solutions LLC,
Defendants.
Appeal from the United States District Court
for the Eastern District of California
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Frank C. Damrell, Senior District Judge, Presiding
Argued and Submitted April 11, 2011
Deferred April 12, 2011
Resubmitted March 2, 2012
San Francisco, California
Before: FERNANDEZ and RAWLINSON, Circuit Judges, and WELLS, Senior
District Judge.**
The United States’ unopposed Request for Remand, filed on February 23,
2012, is GRANTED. The judgment in this case is vacated and this matter is
remanded to the district court for reconsideration in light of Wilson v. United
States, 659 F.3d 947 (9th Cir. 2011).
VACATED AND REMANDED.
** The Honorable Lesley Wells, Senior District Judge for the U.S.
District Court for the Northern Ohio, sitting by designation.
2 10-15458