In Re Us Currency, $844,520.00, Dennis Cole v. United States

Eighth Circuit

In Re Us Currency, $844,520.00, Dennis Cole v. United States

136 F.3d 581, 1998 U.S. App. LEXIS 2658, 1998 WL 65473

Court of Appeals for the Eighth Circuit·Decided February 19, 1998·No. 97-2210·Published·Cited by 10 cases

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PER CURIAM.

Dennis Cole appeals district court orders denying his motion for return of property pursuant to Federal Rule of Criminal Procedure 41(e). Cole seeks to recover $844,520 that was administratively forfeited by the Drug Enforcement Administration (DEA) in June 1994. See 19 U.S.C. §§ 1607(a)(4), 1609; 21 U.S.C. § 881(a)(6). The money was seized after Cole was stopped for speeding on an interstate highway in western Missouri. Although Cole received timely notice of the DEA forfeiture action, he did not contest the forfeiture by filing a claim and bond, as 19 U.S.C. § 1608 requires. In these eircumstances, the district court properly rejected Cole’s attempt to collaterally attack the administrative forfeiture. See Muhammed v. Drug Enforcement Agency, 92 F.3d 648, 651-52 (8th Cir.1996). Accordingly, we affirm.

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PER CURIAM.

Dennis Cole appeals district court orders denying his motion for return of property pursuant to Federal Rule of Criminal Procedure 41(e). Cole seeks to recover $844,520 that was administratively forfeited by the Drug Enforcement Administration (DEA) in June 1994. See 19 U.S.C. §§ 1607(a)(4), 1609; 21 U.S.C. § 881(a)(6). The money was seized after Cole was stopped for speeding on an interstate highway in western Missouri. Although Cole received timely notice of the DEA forfeiture action, he did not contest the forfeiture by filing a claim and bond, as 19 U.S.C. § 1608 requires. In these eircumstances, the district court properly rejected Cole’s attempt to collaterally attack the administrative forfeiture. See Muhammed v. Drug Enforcement Agency, 92 F.3d 648, 651-52 (8th Cir.1996). Accordingly, we affirm.

In Re Us Currency, $844,520.00, Dennis Cole v. United States, 136 F.3d 581, 1998 U.S. App. LEXIS 2658, 1998 WL 65473 (8th Cir. 1998).

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