United States of America v. Elena Woodard

* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellant,
v.
ELENA WOODARD,
Defendant - Appellee.
No. 10-10395
D.C. No. 2:09-cr-00481-JCM-
PAL-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Argued and Submitted August 10, 2011
San Francisco, California
Before: KOZINSKI, Chief Judge, O’SCANNLAIN and GRABER, Circuit Judges.
The government timely appeals from the district court’s entry of a criminal
judgment against Defendant Elena Woodard. The government argues that the
district court erred in ordering criminal forfeiture of only $100 instead of the
$200,000 to which Woodard agreed. Reviewing de novo, United States v. Casey,
444 F.3d 1071, 1073 (9th Cir. 2006), we vacate and remand with instructions.
FILED
OCT 28 2011
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2
The district court erred for the reasons explained in United States v.
Newman, Nos. 10-10430+, 2011 WL _____ (9th Cir. ____ __, 2011) (decided this
date). Because the amount of the total proceeds of Woodard’s crime is unclear
from the record, we remand so that the district court may follow the procedure
outlined in Newman. If the district court has no reason to question the accuracy of
the stipulated amount of $200,000, it shall enter a criminal forfeiture money
judgment in that amount. If the district court has cause to question the accuracy of
that amount, it shall take evidence and enter a criminal forfeiture money judgment
in the amount of the proceeds of Woodard’s crime, not to exceed $200,000.
VACATED and REMANDED with instructions.

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