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U. S. v. EIGHT THOUSAND EIGHT HUNDRED FIFTY DOLLARS

No. 78-2066.

645 F.2d 836 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. EIGHT THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($8,850.00) IN UNITED STATES CURRENCY, Defendant, Mary Josephine Vasquez, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 22, 1981.

Rehearing and Rehearing Denied August 21, 1981.

Attorney(s) appearing for the Case

Paul L. Gabbert, Los Angeles, Cal., for claimant-appellant; Victor Sherman, Los Angeles, Cal., on brief.

Charles W. Kircher, Jr., Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before CHOY and ALARCON, Circuit Judges, and SOLOMON, District Judge.

Rehearing and Rehearing En Banc Denied August 21, 1981.

CHOY, Circuit Judge:

I. Introduction

Claimant Mary Josephine Vasquez (Vasquez) appeals from a judgment forfeiting $8,850 in United States currency which she failed to declare when she entered the United States. We find that the Government unjustifiably delayed institution of forfeiture proceedings in violation of Vasquez's due process right. Accordingly, we reverse the judgment of forfeiture...

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