United States v. Alexander Oriho d/b/a Rhino’s Med. Trans, LLC (9th Cir. August 2020)
Fifth Amendment, Forfeiture and Seizure, Ninth Circuit|
In a matter of first impression, the Ninth Circuit vacated a defendant’s pre-trial repatriation order under a de novo standard of review after finding the order violated the defendant’s right against self-incrimination under the Fifth Amendment. The Court further held that the district court’s application of the forgone conclusion exception was too broad while the government’s limited use immunity was too narrow to protect the defendant’s Fifth Amendment rights.