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NOT FOR PUBLICATION SEP 25 2012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