The judge dismisses the 'bitcoin is not money' portion based of a ruling that the IRS and Fed Reserve do not have the authority to define what 'money' is. (both having defined bitcoin as 'property' and not 'money') Which is all fine and good, but the US Marshal has already ruled bitcoin as property since they disposed of the seized bitcoin through a property sale. There are very particular and different rules governing the disposal of money and property. One would think the US Marshals office actions would be the statute defining action.
do you really think the US government wont have it both ways? i'm reminded of this story: "US government declares hacking an act of war, then hacks allies"
if I've learned anything in my life, it's that laws, logic and common sense dont really matter to the government or big business... unless it's convenient.