Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a); 9th Cir. R. 34-4
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for the District of Oregon, Malcolm F. Marsh, District Judge, Presiding.
Before FARRIS, BRUNETTI, and SILVERMAN, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
The Christian Patriot Association ("CPA") appeals the district court's denial of its motion pursuant to Fed.R.Crim.P. 41(e) for the return of approximately $312,000 seized by federal agents during a search of CPA's business premises. Because a grand jury investigation into the activities of CPA and its account holders is ongoing, we lack jurisdiction. See DeMassa v. Nunez, 747 F.2d 1283, 1286 (9th Cir.1984).
CPA did not file a reply brief or otherwise respond to the United States' assertions that a grand jury proceeding is ongoing and that this court lacks jurisdiction.
DISMISSED.