U.S. v. ONE 1970 PONTIAC GTO, 2-DOOR HARDTOP

No. 74-3074.

529 F.2d 65 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1970 PONTIAC GTO, 2-DOOR HARDTOP, etc., Defendant, Jesus Ramirez Sanchez, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 30, 1976.


Attorney(s) appearing for the Case

Victor Sherman, Beverly Hills, Cal., for claimant-appellant.

Huston T. Carlyle, Jr., Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before DUNIWAY, HUFSTEDLER and CHOY, Circuit Judges.


OPINION

PER CURIAM:

This is an appeal from a judgment forfeiting the appellant's automobile under 21 U.S.C. § 881. The appeal raises three issues: (1) Was the evidence sufficient to prove that the vehicle was used to facilitate the sale of a controlled substance? (2) Do 21 U.S.C. § 881 and 19 U.S.C. § 1615 unconstitutionally impose upon the claimant the burden of proof after the Government proves probable cause to forfeit? (3) Must the Government...

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