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U.S. v. ONE 1984 FORD VAN,

No. 86-3925.

826 F.2d 918 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1984 FORD VAN, BEARING VIN # 1FBHS3110EHB470717 AND OREGON LICENSE PLATE # ERT-286, together with its tools and accessories, Defendant, and Bardomiano Lumbreras, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 2, 1987.

Attorney(s) appearing for the Case

Christopher L. Pickrell, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Stephen A. Johnston and Dan R. Danilov (on brief), Seattle, Wash., for claimant-appellant.

Before FLETCHER, BOOCHEVER and NORRIS, Circuit Judges.

PER CURIAM:

Appellant's van was forfeited under 8 U.S.C. § 1324(b) on the basis that it had been used to transport aliens to further their illegal presence in the United States in violation of 8 U.S.C. § 1324(a)(2). We reverse.

FACTS

Appellant, Bardomiano Lumbreras, is a reforestation and farm labor contractor operating out of Salem, Oregon. In performing a contract for reforestation near Carson, Washington (approximately 150 miles from...

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