United States v. CYR, No. 12-56988 (9th Cir. 2014)
Annotate this CaseClaimant appealed 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 and for bulk cash smuggling in violation of 31 U.S.C. 5332, claiming that the forfeiture constituted an excessive fine under the Eighth Amendment. The court concluded that a violation of section 5332, when connected with illegal activity, constitutes a serious crime that inflicts significant harm. The court concluded that claimant's offense leans more towards the high end of the gravity spectrum. Comparing the gravity of claimant's offense with the amount to be forfeited, the court concluded that forfeiture of all $132,245 does not violate the Excessive Fines clause of the Constitution. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil Forfeiture. The panel affirmed 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, and for bulk cash smuggling, in violation of 31 U.S.C. § 5332. The panel compared the gravity of the claimant’s offense with the amount to be forfeited, and held that forfeiture of all $132,245 did not violate the Excessive Fines clause of the United States Constitution.
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