United States v. Kiyoko Ito

MEMORANDUM **

Glenn and Kiyoko Ito appeal the district court’s dismissal without prejudice of the government’s civil forfeiture action. We vacate the district court’s dismissal be cause it was based on an erroneous understanding of the law.

“When ruling on a motion to dismiss without prejudice, the district court must determine whether the defendant will suffer some plain legal prejudice as a result of the dismissal.” Westlands Water Dist. v. United States, 100 F.3d 94, 96 (9th Cir.1996). The district court abuses its discretion when it bases its decision on an erroneous view of the law. See id.