FILED NOT FOR PUBLICATION MAR 09 2012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, No. 10-15458

Plaintiff - Appellee, D.C. No. 2:09-cv-00461-FCD- v. KJM

FLAGSTAR BANK, ORDER * Claimant - Appellant,

v.

APPROXIAMATELY $133,803.53 IN U.S. CURRENCY SEIZED FROM WASHINGTON MUTUAL BANK, Account # 440842802, held in the name of Advantage Financial Group Holdings Management LLC; APPROXIMATELY $328,495.75 IN U.S. CURRENCY SEIZED FROM WASHINGTON MUTUAL BANK, Account # 4412174338, held in the name of Loomis Wealth Solutions LLC,

Defendants.

Appeal from the United States District Court for the Eastern District of California

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Frank C. Damrell, Senior District Judge, Presiding

Argued and Submitted April 11, 2011 Deferred April 12, 2011 Resubmitted March 2, 2012 San Francisco, California

Before: FERNANDEZ and RAWLINSON, Circuit Judges, and WELLS, Senior District Judge.**

The United States’ unopposed Request for Remand, filed on February 23,

2012, is GRANTED. The judgment in this case is vacated and this matter is

remanded to the district court for reconsideration in light of Wilson v. United

States, 659 F.3d 947 (9th Cir. 2011).

VACATED AND REMANDED.

** The Honorable Lesley Wells, Senior District Judge for the U.S. District Court for the Northern Ohio, sitting by designation.

2 10-15458