Legal Opinion

United States v. McCray

Court of Appeals for the Ninth Circuit

Decided October 28, 2004No. 03-50284PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM *

William F. McCray appeals his conviction under 18 U.S.C. §§ 1341, 1343, and 1347 for mail fraud, wire fraud, and committing the above offenses while on pretrial release. We have jurisdiction pursuant to 18 U.S.C. § 3742. We affirm McCray’s conviction, but remand the loss level and sentence enhancement issues to the district court for reconsideration.

1. McCray argues that the district judge erred in denying his request for a Monsanto hearing on funds seized by the government through civil forfeiture proceedings. Although the district court stated that McCray had a right to a…

2Cases cited8 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. United States v. FregaCourt of Appeals for the Ninth Circuit · 1999
  3. United States v. Fernando Vizcarra-MartinezCourt of Appeals for the Ninth Circuit · 1995
  4. United States v. Alfred Arnold AmelineCourt of Appeals for the Ninth Circuit · 2004
  5. In Re Gregory Dewitt Cantrell, DebtorCourt of Appeals for the Ninth Circuit · 2003

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3Cited by2 opinions

  1. McCray v. United StatesSupreme Court of the United States · 2005
  2. United States v. YatesCourt of Appeals for the Ninth Circuit · 2007

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