United States v. Ryan Bonneau

FILED NOT FOR PUBLICATION SEP 25 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Nos. 11-30269 12-35298 Plaintiff - Appellee, D.C. Nos. 3:10-cr-00402-MO v. 3:12-cv-00173-MO RYAN FRANK BONNEAU, MEMORANDUM * Defendant - Appellant. Appeal from the United States District Court for the District of Oregon Michael W. Mosman, District Judge, Presiding Submitted September 10, 2012 ** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges. In Appeal No. 12-35298, Ryan Frank Bonneau’s request for a certificate of appealability is denied. See 28 U.S.C. § 2253(c)(2). All pending motions in that case, if any, are denied as moot. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). In Appeal No. 11-30269, Bonneau appeals from the district court’s order denying his motion for return of property. We have jurisdiction under 28 U.S.C. § 1291. Because Bonneau’s criminal proceedings have ended, we remand to the district court to determine what, if any, property Bonneau is entitled to have returned to him. See Fed. R. Crim. P. 41(g); United States v. Kaczynski, 416 F.3d 971, 974 (9th Cir. 2005). In Appeal No. 12-35298 the request for a certificate of appealability is DENIED, and in Appeal No. 11-30269 the district court’s order is VACATED and the case is REMANDED. 2 11-30269& 12-35298