United States v. Six Thousand Two Hundred Seven ($6,207) Dollars in United States Currency

757 F. Supp. 2d 1155, 2010 U.S. Dist. LEXIS 100574, 2010 WL 3825596
CourtDistrict Court, M.D. Alabama
DecidedSeptember 24, 2010
DocketCase 2:08-cv-999-MEF
StatusPublished
Cited by3 cases

This text of 757 F. Supp. 2d 1155 (United States v. Six Thousand Two Hundred Seven ($6,207) Dollars in United States Currency) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Six Thousand Two Hundred Seven ($6,207) Dollars in United States Currency, 757 F. Supp. 2d 1155, 2010 U.S. Dist. LEXIS 100574, 2010 WL 3825596 (M.D. Ala. 2010).

Opinion

MEMORANDUM OPINION AND ORDER

MARK E. FULLER, Chief Judge.

In this lawsuit brought pursuant to 21 U.S.C. § 881(a)(6), Plaintiff United States of America (the “Government”) seeks forfeiture of six thousand two hundred seven dollars ($6,207) in United States currency (the “defendant money”). (Doc. # 1). The Government alleges that the defendant money, seized during the arrest of Sylvester Vaughn (“Vaughn”) for drug trafficking and distribution of a controlled substance, was furnished, or intended to be furnished, in exchange for controlled substances; represents proceeds of trafficking in controlled substances; or was used or intended to be used to facilitate violations of 21 U.S.C. § 801 et seq. Id. at 2. The sole claimant before this Court is Vaughn. This cause is before the Court on the Government’s Motion for Summary Judgment. (Doc. # 47). Vaughn opposes the Government’s motion. After careful consideration of the arguments of counsel, the relevant case law, and the record as a *1157 whole, the Court finds that the Government’s Motion for Summary Judgment, (Doc. # 47), is due to be GRANTED.

JURISDICTION AND VENUE

This Court has subject matter jurisdiction over the case pursuant to 28 U.S.C. §§ 1345 and 1355, and 21 U.S.C. §§ 881. Venue is proper in this district pursuant to 28 U.S.C. §§ 1355 and 1395, and 21 U.S.C. § 881(3).

FACTS AND PROCEDURAL HISTORY

On December 17, 2008, the Government commenced this in rem action pursuant to 21 U.S.C. § 881(a)(6), seeking the forfeiture of the defendant money on the grounds that it was furnished, or intended to be furnished, in exchange for controlled substances; represents proceeds of trafficking in controlled substances; or was used or intended to be used to facilitate violations of 21 U.S.C. § 801 et seq. The salient facts are not in dispute and establish the following: 1

On August 6, 2008, Montgomery police officers met with a confidential source (the “CS”) to set up a controlled purchase of 5.5 grams of powder cocaine from a subject, later identified as Timothy Whiting (“Whiting”). 2 The CS contacted Whiting and arranged for a purchase of cocaine. After photographing the $300.00 drug-buy money, consisting of fifteen twenty-dollar bills, the police officers gave it to the CS. The CS called Whiting and arranged the drug buy. Whiting drove a car to the designated location. Vaughn rode along in the passenger seat. The CS got in the vehicle and sat in the back seat. Whiting gave 5.5 grams of powder cocaine to the CS, who gave Whiting the $300.00 drug-buy money. The CS got out of the car, and Whiting drove off, still in the company of Vaughn. The CS gave the substance to Montgomery police officers. A presumptive test of the substance gave a positive result for cocaine.

A short while after Whiting’s vehicle drove away, a marked patrol unit was instructed to conduct a traffic stop of the vehicle. The vehicle was stopped, and Whiting and Vaughn were taken into custody. A search incident to arrest revealed $80.00 of the drug-buy money in Whiting’s possession. Vaughn’s front pocket contained $6,207.00 in assorted U.S. currency, of which $220.00 was the remaining drug-buy money. A trained drug-detection dog alerted upon the currency, indicating that the dog detected the exposure of the currency to illegal drugs or materials used in illegal drug manufacture or preparation.

Vaughn was indicted by the Montgomery County District Attorney’s Office for distribution of a controlled substance and drug trafficking in relation to a prior drug transaction on June 4, 2008, as well as the August 8, 2008 drug transaction. After a federal grand jury indicted Vaughn and another with conspiracy to distribute 50 grams or more of “crack” cocaine and dis *1158 tribution of 50 grams or more of “crack” cocaine in relation to the June 4, 2008 drug transaction, the Montgomery County charges stemming from both transactions were dismissed. After a jury trial, Vaughn was acquitted of the federal charge on December 16, 2009.

SUMMARY JUDGMENT STANDARD

Under Federal Rule of Civil Procedure 56(c), summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The party asking for summary judgment “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of ‘the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,’ which it believes demonstrate the absence of a genuine issue of material fact.” Id. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing the non-moving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-23, 106 S.Ct. 2548.

Once the moving party has met its burden, Rule 56(e) “requires the nonmoving party to go beyond the pleadings and by [his] own affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Id. at 324, 106 S.Ct. 2548. To avoid summary judgment, the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (emphasis added). A plaintiff must present evidence demonstrating that he can establish the basic elements of his claim. Celotex, 477 U.S. at 322, 106 S.Ct.

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757 F. Supp. 2d 1155, 2010 U.S. Dist. LEXIS 100574, 2010 WL 3825596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-six-thousand-two-hundred-seven-6207-dollars-in-united-almd-2010.