MEMORANDUM ***

Kelly St. Julian appeals from the district court’s grant of summary judgment to Joseph St. Julian on her claim seeking to impose a constructive trust over the pro *699 ceeds of an ERISA 1 covered life insurance policy on the life of John St. Julian. We affirm.

Kelly asserts that because she was John’s surviving, though estranged, 2 spouse, she can claim a community property interest in the proceeds. However, regardless of whether California would determine that Kelly had a community property interest in the policy, this court has clearly held that the preemption provision of ERISA 3 precludes the imposition of a constructive trust upon the proceeds. See Carmona v. Carmona, 603 F.3d 1041, 1061-62 (9th Cir. 2010), cert. denied, — U.S.-, 131 S.Ct. 1492, 179 L.Ed.2d 305 (2011). As we said, “a state law constructive trust cannot be used to contravene the dictates of ERISA.” Id. at 1061. 4 That being so, the district court properly granted summary judgment in favor of Joseph. While Kelly launches a number of attacks on Carmona’s reasoning, we are bound by its holdings. See, e.g., Hart v. Massanari, 266 F.3d 1155, 1171 (9th Cir. 2001).

AFFIRMED.