United States v. $17,980.00 in United States Currency

Ninth Circuit

United States v. $17,980.00 in United States Currency

690 F. App'x 986

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 11, 2017

Docket14-36052

StatusUnpublished

This text of 690 F. App'x 986 (United States v. $17,980.00 in United States Currency) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. $17,980.00 in United States Currency, 690 F. App'x 986 (9th Cir. 2017).

Pincite

Opinion

MEMORANDUM ***

After obtaining a search warrant, Oregon police officers seized $17,980 in cash from a package that a drug-sniffing dog had alerted to while it was offloaded from an airplane. Donna Dickson originally claimed a possessory interest in the seized cash in the ensuing forfeiture proceeding but, after the close of discovery, sought leave to amend her claim to assert an ownership interest. The district court denied leave to amend and granted summary judgment to the government, concluding that Dickson lacked standing to challenge the forfeiture. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. The district court did not err in finding probable cause to institute forfeiture proceedings against the $17,980 as proceeds traceable to an exchange for controlled substances or used or intended to be used to facilitate such a transaction. See 21 U.S.C. § 881(a)(6). An experienced narcotics detective averred that a number of facts were consistent with drug trafficking, including a positive alert by a trained narcotics canine, suspicious packaging, and inaccurate and incomplete sender and recipient information. The government thus established more than a “mere suspicion” that the $17,980 was related to an illegal drug transaction. See United States v. $493,850.00 in U.S. Currency, 518 F.3d 1159, 1169 (9th Cir. 2008).

2. The district court did not err in holding that Dickson lacked standing to *987 challenge the forfeiture. Dickson’s “bare assertion of an ownership or possessory interest, in the absence of some other evidence, is not enough to survive a motion for summary judgment.” See United States v. $133,420.00 in U.S. Currency, 672 F.3d 629, 638 (9th Cir. 2012). We therefore need not consider whether the district court abused its discretion in denying Dickson’s motion for leave to amend.

AFFIRMED.

***

phis disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Free access — add to your briefcase to read the full text and ask questions with AI

MEMORANDUM ***

After obtaining a search warrant, Oregon police officers seized $17,980 in cash from a package that a drug-sniffing dog had alerted to while it was offloaded from an airplane. Donna Dickson originally claimed a possessory interest in the seized cash in the ensuing forfeiture proceeding but, after the close of discovery, sought leave to amend her claim to assert an ownership interest. The district court denied leave to amend and granted summary judgment to the government, concluding that Dickson lacked standing to challenge the forfeiture. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. The district court did not err in finding probable cause to institute forfeiture proceedings against the $17,980 as proceeds traceable to an exchange for controlled substances or used or intended to be used to facilitate such a transaction. See 21 U.S.C. § 881(a)(6). An experienced narcotics detective averred that a number of facts were consistent with drug trafficking, including a positive alert by a trained narcotics canine, suspicious packaging, and inaccurate and incomplete sender and recipient information. The government thus established more than a “mere suspicion” that the $17,980 was related to an illegal drug transaction. See United States v. $493,850.00 in U.S. Currency, 518 F.3d 1159, 1169 (9th Cir. 2008).

2. The district court did not err in holding that Dickson lacked standing to *987 challenge the forfeiture. Dickson’s “bare assertion of an ownership or possessory interest, in the absence of some other evidence, is not enough to survive a motion for summary judgment.” See United States v. $133,420.00 in U.S. Currency, 672 F.3d 629, 638 (9th Cir. 2012). We therefore need not consider whether the district court abused its discretion in denying Dickson’s motion for leave to amend.

AFFIRMED.

***

phis disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Cite This Page — Counsel Stack

Bluebook (online)

690 F. App'x 986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-1798000-in-united-states-currency-ca9-2017.

Opinion

Related

Cite This Page — Counsel Stack