United States v. One 1991 Ford Mustang LX, Vin 1FACP44E6MF151861

909 F. Supp. 831, 1996 U.S. Dist. LEXIS 122
CourtDistrict Court, D. Colorado
DecidedJanuary 2, 1996
DocketCivil A. No. 95-K-2302
StatusPublished
Cited by4 cases

This text of 909 F. Supp. 831 (United States v. One 1991 Ford Mustang LX, Vin 1FACP44E6MF151861) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. One 1991 Ford Mustang LX, Vin 1FACP44E6MF151861, 909 F. Supp. 831, 1996 U.S. Dist. LEXIS 122 (D. Colo. 1996).

Opinion

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

On September 7, 1995, the United States filed a Verified Complaint for Forfeiture In Rem pursuant to 21 U.S.C. § 881, seeking forfeiture of the Defendant vehicle involved in the civil narcotics provision of 21 U.S.C. § 801 et seq. Dennis and Monica Armijo [832]*832claim an ownership interest in the vehicle and move to dismiss the complaint. Jurisdiction is proper under 28 U.S.C. §§ 1345 (over a suit commenced by the United States) and 1355 (over a forfeiture action).

I. Background.

The complaint alleges in the course of an investigation into the drug trafficking activities of Daniel Melina and his organization for trafficking in cocaine, a cooperating individual identified Dennis Armijo as a courier for the organization. The individual stated Meli-na had provided the funds, proceeds of his drug trafficking activities, to Armijo for the purchase of the Defendant vehicle.

On December 15, 1994, a federal search warrant was executed on Melina’s residence. Among the items found was a bill of sale for the Defendant vehicle in the name of Dennis Armijo.

On April 20, 1995, law enforcement agents seized the Defendant vehicle at Melina’s residence. The license plate on the vehicle was registered to Monica Armijo. At the time of the seizure, Dennis Armijo and a woman in her early twenties identifying herself as “Monica” approached the law enforcement agents. Monica claimed to be the owner of the Defendant vehicle. The complaint asserts neither Dennis nor Monica Armijo have any known source of legitimate income.

On June 22, 1995 Monica and Dennis Ar-mijo each claimed an ownership interest in the Defendant vehicle in a Claim of Ownership sent by certified mail to the Drug Enforcement Administration (“DEA”). Each Claim of Ownership was accompanied by an Affidavit to Proceed in Forma Pauperis in Lieu of Cost Bond. These documents were received by the DEA on June 28, 1995 and forwarded to the Office of the United States Attorney on July 7, 1995.

Don Sperry, Special Agent of the DEA verified the allegations in the September 7, 1995 complaint for forfeiture. He asserts, based on the investigation, he had probable cause to believe the Defendant vehicle was purchased with the proceeds of the drug trafficking activities of Melina and Dennis Armijo and was titled in the name of Monica Armijo in an effort to conceal the true owner of the vehicle.

On September 13, 1995, United States Magistrate Judge 0. Edward Schlatter signed an Order for Arrest of Property In Rem authorizing the arrest and seizure of the Defendant vehicle. The order required publication of notice pursuant to Rule C(4) of the Supplemental Rules for Certain Admiralty and Maritime Claims giving persons with interest ten days within which to file a claim and twenty days after filing of the claim to file an answer. '

On September 15, 1995, the United States Marshals Service transferred the Defendant vehicle which was in its custody under Administrative DEA Case MK-94-0078 into its custody under this judicial ease number. On October 12, 1995, the United States Attorney gave notice of the verified complaint and the execution of the warrant for the forfeiture of the Defendant vehicle on September 15,1995 and advised all persons claiming the Defendant vehicle to file their claims pursuant to Supplemental Rule C(6) with the Clerk of this court within ten days.

On October 20, 1995, counsel filed a “Notice of Claim” on behalf of Monica Armijo and one on behalf of Dennis Armijo. Attached to each Notice of Claim was a photostatic copy of a June 22,1995 affidavit signed by each claimant stating Monica Armijo had contributed $16,500 and Dennis Armijo had contributed the balance of $1,000 for the purchase of the Defendant vehicle and that the legal owner was Monica Armijo.

On November 9, 1995, Monica and Dennis Armijo filed a motion to dismiss pursuant to 21 U.S.C. § 888(c). They argue 21 U.S.C. § 888(c) states the Complaint for Forfeiture must be filed no later than sixty days after the claim and cost bond have been filed unless the court has extended the period for filing for good cause shown or on agreement of the parties.

The Armijos assert they filed their Claim of Ownership and Affidavit to Proceed in Forma Pauperis In Lieu of Cost Bond on June 22, 1995, regarding the Defendant vehicle seized for a drug-related offense with the DEA. They seek dismissal and the return of [833]*833the vehicle because the complaint was filed on September 7, 1995, more than sixty days after their claim and motion to proceed in forma pauperis in lieu of cost bond were received by the DEA.

On November 29, 1995,1 denied the initial motion to dismiss on procedural grounds. On December 5, 1995, the Armijos filed a second motion to dismiss on the same grounds as the first.

In its response, the United States concedes its complaint for forfeiture was filed two days after the expiry of the sixty day period following the date on which the United States Attorney received the Armijos’ claim and motion to proceed in forma pauperis in lieu of cost bond. Nevertheless, the United States asserts good cause exists for extending the period of time within which the complaint can be filed under 21 U.S.C. § 888(c).

The United States further argues Monica and Dennis Armijo are not “claimants” who can contest this forfeiture by motion to dismiss or otherwise because the “Notice of Claim” filed on their behalf on October 20, 1995 does not comply with the formalities of the Supplemental Rule for Certain Admiralty and Maritime Claims C(6). See Fed.R.Civ. P., Supp. Rule C(6).

II. Analysis.

The Anti-Drug Abuse Act provides in pertinent part:

The provisions of law relating to the seizure, summary and judicial forfeiture ... for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures ... shall apply to seizures or forfeitures incurred, or alleged to have been incurred, under the provisions of this subchapter ...

21 U.S.C. § 881(d). Thus the provisions of the Tariff Act contained in 19 U.S.C. § 1608 relating to seizure, claims and judicial condemnation apply to the drug-related seizure of Defendant vehicle.

Title 19 U.S.C. § 1608 (read with 21 U.S.C. § 881

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Bluebook (online)
909 F. Supp. 831, 1996 U.S. Dist. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-1991-ford-mustang-lx-vin-1facp44e6mf151861-cod-1996.