United States v. Real Property & Residence at 3097 S.W. 111th Avenue

921 F.2d 1551, 1991 U.S. App. LEXIS 1206, 1991 WL 2189
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 30, 1991
DocketNo. 88-6194
StatusPublished
Cited by41 cases

This text of 921 F.2d 1551 (United States v. Real Property & Residence at 3097 S.W. 111th Avenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Real Property & Residence at 3097 S.W. 111th Avenue, 921 F.2d 1551, 1991 U.S. App. LEXIS 1206, 1991 WL 2189 (11th Cir. 1991).

Opinion

HATCHETT, Circuit Judge:

In this civil forfeiture action, we affirm the district court’s ruling that the whole of the appellant’s property be forfeited to the United States rather than a portion.

FACTS

In August, 1987, the Miami Metro-Dade Police Department began a court-authorized electronic surveillance of conversations occurring over Raul Plasencia’s land-line and mobile telephones. The officers initiated the wiretap based upon information that Plasencia ran a large cocaine trafficking enterprise. Through intercepted conversations, the officers determined that Carlos Veccio was a high-ranking member of Plasencia’s organization.

On September 8, 1987, Veccio, at his restaurant named “Carlos Fisheries,” received a telephone call from a man who identified himself as “John Doe.” Veccio and Doe arranged to meet at the restaurant at 6 [1553]*1553p.m. Doe stated that he had “it” on him and that he would pick Veccio up at the restaurant. A few minutes later, Plasencia telephoned Jesus Garcia and asked Garcia to meet Veccio at Carlos Fisheries. Shortly thereafter, Veccio again spoke with Doe who asked Veccio to meet with “Anselmo” rather than with him. Veccio responded, “You know I’m a finicky person ... if I suddenly get bad vibes I won’t do anything ...,” but he agreed to meet with Anselmo Cosio. Later in the conversation, Doe suggested a meeting at Cosio’s house. Veccio replied, “No way! I don’t go to anybody’s house.”

Suspecting a cocaine sale, Metro-Dade law enforcement officers set up surveillance at Veccio’s restaurant and observed Garcia meet with Veccio outside the restaurant sometime after 5:30 p.m. The two men drove to Veccio’s residence, stayed for five minutes, and then returned to the restaurant parking lot. Veccio entered the restaurant, and Garcia left in his own vehicle.

At approximately 6 p.m., Veccio and Co-sio met outside Carlos Fisheries. Veccio drove around the area alone, then led Co-sio, who drove in a separate vehicle, to Veceio’s residence where both parked their vehicles in the driveway. Garcia soon arrived in a third vehicle. Cosio, in Veccio’s presence, inspected the contents of a box in the rear seat of Garcia’s vehicle. After the box was placed in Cosio’s vehicle, Cosio and Garcia drove away. The officers followed Cosio, stopped his vehicle, and discovered ten kilograms of cocaine in the box.

PROCEDURAL HISTORY

The United States filed a complaint for forfeiture in rem against the real property and residence at 3097 Southwest 111th Avenue, Miami, Florida, with all appurtenances thereto and all improvements thereon (Veccio’s residence). The complaint alleges that the property was used to commit or to facilitate the commission of federal law drug violations punishable by more than one year’s imprisonment. The complaint further alleges that by virtue of the foregoing and pursuant to 21 U.S.C. § 881(a)(7), the property is forfeit to the United States.1

On October 15, 1987, the United States Marshal seized the property and gave notice of the forfeiture action and of the seizure of the property by publication in the Miami Review.

After filing a verified claim and an answer, Veccio moved for judgment on the pleadings. The district court denied Vec-cio’s motion for judgment on the pleadings and granted the United States’s motion to stay the civil forfeiture action until the conclusion of the related criminal case.

By agreement of the parties, the defendant real property was sold and the proceeds of $250,000 substituted as the defendant in this action. The United States moved for summary judgment based upon the outcome of United States v. Carrazana, 921 F.2d 1557 (11th Cir.1991) in which a jury convicted Veccio of possession of cocaine with intent to distribute on September 8, 1987.2

The district court granted summary judgment for the United States. Veccio moved for reconsideration and rehearing, and the court vacated its order to the extent that although it determined the government had established probable cause for forfeiture of the property, Veccio should be allowed the opportunity to dis[1554]*1554prove that a substantial connection existed between the property and a drug transaction. Following a trial, the district court granted the United States’s motion for involuntary dismissal of Veccio’s claim. 699 F.Supp. 287.

CONTENTIONS

Veccio contends that the forfeiture complaint fails to comply with the particularity requirements of the Supplemental Rules for Certain Admiralty and Maritime Claims. Veccio also contends that the evidence does not establish a substantial connection between his property and the exchange of narcotics on September 8, 1987. Finally, Veccio contends that because only a single transaction occurred on the driveway of his property, the district court improperly ordered the entire property forfeited.3

The government contends that the facts alleged in the complaint meet the particularity requirements of the applicable rules. The government also contends that the narcotics transaction which occurred on the property subjects the property to forfeiture under 21 U.S.C. § 881(a)(7). Finally, the government contends that under 21 U.S.C. § 881(a)(7), the whole of the defendant property should be forfeited to the United States.

ISSUES

The issues are: (1) whether the factual allegations of the complaint are sufficiently particular to meet the requirements of Supplemental Rules C(2) and E(2) of the Federal Rules of Civil Procedure For Certain Admiralty and Maritime Claims; (2) whether the connection between the narcotics transaction and the defendant real property is sufficient to subject the defendant property to forfeiture under 21 U.S.C. § 881(a)(7); and (3) whether the whole of the defendant property should be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(7).

DISCUSSION

I. Sufficiency of the Complaint

Whether the complaint contained sufficient allegations to comply with the particularity requirement of the applicable procedural rules is an issue of law subject to plenary review. Thomas v. Evans, 880 F.2d 1235, 1239 (11th Cir.1989), cert. denied, — U.S. —, 111 S.Ct. 261, 112 L.Ed.2d 218 (1990). A complaint for forfeiture in rem under 21 U.S.C. § 881 is subject to the particularity requirements found in Supplemental Rule C(2) and E(2) of the Federal Rules of Civil Procedure for Certain Admiralty and Maritime Claims.4

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Bluebook (online)
921 F.2d 1551, 1991 U.S. App. LEXIS 1206, 1991 WL 2189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-real-property-residence-at-3097-sw-111th-avenue-ca11-1991.