United States v. One Parcel of Real Estate Located at 9818 S.W. 94 Terrace

788 F. Supp. 561, 1992 U.S. Dist. LEXIS 13784, 1992 WL 64634
CourtDistrict Court, S.D. Florida
DecidedFebruary 14, 1992
DocketNo. 90-0767-Civ
StatusPublished
Cited by3 cases

This text of 788 F. Supp. 561 (United States v. One Parcel of Real Estate Located at 9818 S.W. 94 Terrace) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida 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 Parcel of Real Estate Located at 9818 S.W. 94 Terrace, 788 F. Supp. 561, 1992 U.S. Dist. LEXIS 13784, 1992 WL 64634 (S.D. Fla. 1992).

Opinion

FINAL JUDGMENT OF FORFEITURE INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW

ARONOVITZ, Senior District Judge.

This is an action brought by the United States of America for forfeiture of a certain parcel of real estate which includes a single family residence, located at 9818 S.W. 94th Terrace, Miami, Florida (“9818 residence”). The Government seeks forfeiture of this property pursuant to 21 U.S.C. Section 881(a)(7).1

The case was tried non-jury by this Court on January 13,14, and 15, 1992. The Court has considered all of the testimony and evidence presented at the trial, as well as the entire record in this matter, and being otherwise advised in the premises, herein enters its findings of fact and conclusions of law.

Findings of Fact

1. The legal description of the defendant real property sought to be forfeited is as follows:

Lot 6, in Block 1, of West Cherry Grove, according to the plat thereof, recorded in Plat Book 95, at page 89, of the Public Records of Dade County, Florida.

2. The defendant real property is jointly titled in the names of the David Mendez and Magdalena Mendez, who are married and hold title to the property jointly as tenants by the entirety under, the laws of the State of Florida.

3. David and Magdalena Mendez are the only claimants in this action.2

[563]*5634. The Claimants purchased the defendant real property on or about September 14,1989. The purchase price of the property was $128,000, of which the Claimants made a down payment of $47,087.73 to satisfy a prior mortgage on the property. The Claimants paid the balance by securing a mortgage with American Savings and Loan Association in the amount of $83,200.

5. Because the sale of their prior residence at 6720 S.W. 50th Terrace, Miami, Florida (“6720 residence”)’ had not yet closed, the Claimants borrowed $37,000-from family members to help make the down payment on the 9818 residence, and used $10,000 from their own savings account.

6. There was no evidence, nor does the Government contend, that the defendant property was purchased with proceeds from drug trafficking activities. Nor was the evidence persuasive that the Claimants were enjoying a lifestyle inconsistent with their lawful means and explained income.

7. On or about October 23, 1989, an individual named Christian Cabrera met with individuals named Felix Doval, Michael Keister, and Thomas Scarantino, an undercover Drug Enforcement Administration (DEA) agent. During that meeting, they discussed arrangements for agent Scarantino to purchase six (6) kilo packages of cocaine on the following day.

8. On or about October 24, 1989, Cabrera and Jose (“Pepe”) Maestre embarked on a search for a source of cocaine for the aforementioned transaction. They visited several potential sources. Throughout this day, Cabrera was beeped numerous times by Felix Doval, who was anxiously waiting at his apartment for word that a source for the cocaine had been found.

9. Cabrera and Maestre ultimately went to the 6720 residence to visit David Mendez. Magdalena Mendez greeted Maestre at the door (Cabrera was waiting in the car), and informed them that David Mendez was at the 9818 residence doing some carpentry work.

10. The two men proceeded to the 9818 residence, where they met with David Mendez and helped him load carpeting onto his truck. Thereafter, they followed him back to the 6720 residence. David Mendez testified at trial that he returned to the 6720 residence to retrieve a hammer and chisel from the tool shed in the backyard behind his home.

11. David Mendez retrieved one (1) kilo package, of cocaine from the tool shed, brought it into the kitchen, and placed it on the kitchen counter for Maestre and Cabrera to inspect. It was Cabrera’s understanding that upon payment for this kilo, David Mendez would provide them with five more kilos of cocaine.

12. David Mendez, Cabrera, and Maes-tre returned to the defendant 9818 residence,- where the kilo of cocaine changed hands, and from where Cabrera called Do-val to inform him that he had obtained a kilo of cocaine.

13. Thereafter, Cabrera and Maestre transported the cocaine to Doval’s apartment located at 74'30 S.W. 59th Court. Cabrera went up to Doval’s apartment to deliver the cocaine to agent Scarantino and to receive payment, while Maestre waited downstairs in the car.

14. Upon making the delivery, Cabrera and Doval were arrested. Following his arrest, Cabrera made a statement to the DEA implicating David Mendez as the source of the cocaine transacted on October 24, 1989. Maestre fled the scene before the DEA agents were made aware of Maes-tre’s involvement in the cocaine transaction.

15. As a result of their activities on or about October 24, 1989, Cabrera and Doval were found guilty of illegal drug trafficking. Cabrera was sentenced to fifteen years in prison under the federal sentencing guidelines.

16. David Mendez was involved in the ■narcotics activities which took place on or [564]*564about October 24, 1989. The Court disbelieves David Mendez’s testimony that he, an experienced cabinetmaker who carries a variety of tools in his pickup truck, returned to the 6720 residence, with Cabrera and Maestre in a separate car, simply to retrieve a hammer and chisel from the tool shed.

17. The Court believes Cabrera’s trial testimony, which comports with earlier statements he made to the DEA, that David Mendez was the source of the cocaine transaction that took place on October 24, 1989.

18. The Mendezes currently live with their two children at the home of Magdalena Mendez’s parents in Hollywood, Florida.

Conclusions of Law

A. 21 U.S.C. Section 881(a)(7) requires the forfeiture of any real property and improvements thereon when there is probable cause to believe that the property was used to facilitate a violation of 21 U.S.C. Section 802 et seq., punishable by more than one year’s imprisonment.

B. “Probable cause” for forfeiture is defined as “reasonable ground for belief of guilt, supported by less than prima facie proof, but more than reasonable suspicion.” United States v. A Single Family Residence, 803 F.2d 625, 628 (11th Cir.1986).

C. The evidence at trial established probable cause that the subject real property was used to facilitate a prohibited narcotics transaction. The trial testimony of Christian Cabrera, viewed in conjunction with the statements he made to the DEA after arrest, establishes a reasonable ground for belief that the property was used to facilitate said transaction.

D.

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

Related

United States v. One Parcel of Real Estate
983 F.2d 1083 (Eleventh Circuit, 1993)
Fernandez v. McLane
603 So. 2d 96 (District Court of Appeal of Florida, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
788 F. Supp. 561, 1992 U.S. Dist. LEXIS 13784, 1992 WL 64634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-parcel-of-real-estate-located-at-9818-sw-94-terrace-flsd-1992.