UNITED STATES v. MONKEY

No. 83-2256 Summary Calendar.

725 F.2d 1007 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. "MONKEY", a Fishing Vessel, U.S. Registry, Official No. 546240, her engines, tackle, apparel, etc., Defendant, John Ruppel, Party in Interest-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 30, 1984.


Attorney(s) appearing for the Case

Robert W. Ritchie, Richard A. Hamra, II, Knoxville, Tenn., for John Ruppel.

Robert Darden, James R. Gough, Asst. U.S. Attys., Houston, Tex., for the U.S.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

The United States seeks forfeiture of the vessel MONKEY, alleging that it was used for importing controlled substances. The registered owner appeals a summary judgment of forfeiture granted in favor of the Government, contending that (1) the Government's proof was not properly authenticated, (2) no probable cause of forfeiture exists, (3) the lack of a warrant authorizing search and seizure of the vessel was fatal to the forfeiture, ...

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