U.S. v. ONE 56-FOOT YACHT NAMED TAHUNA

No. 81-4630.

702 F.2d 1276 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 56-FOOT MOTOR YACHT NAMED the TAHUNA, Defendant-Appellant, and New Approach, Inc., Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1983.

As Amended June 16, 1983.


Attorney(s) appearing for the Case

Bernard L. Segal, San Francisco, Cal., for claimant-appellant.

Joseph Burton, Dennis M. Nerney, Asst. U.S. Attys., San Francisco, Cal., for plaintiff-appellee.

Before KASHIWA, WALLACE, and ANDERSON, Circuit Judges.


WALLACE, Circuit Judge:

New Approach, Inc. (New Approach) purchased a fifty-six-foot pleasure yacht, the Tahuna. It was seized by the government due to alleged clandestine activity occurring prior to the purchase by New Approach. New Approach appeals from a summary judgment of forfeiture entered pursuant to 21 U.S.C. §§ 841(a), 881, and 952. We affirm.

I

We first dispose of the government's contention that New Approach lacks standing...

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