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U.S. v. DICKERSON

No. 87-6003.

873 F.2d 1181 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Jerald Wayne DICKERSON, Claimant-Appellant, v. ONE CESSNA 421 B, AIRCRAFT, Defendant.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1988.

Second Amended Opinion April 26, 1989.

Attorney(s) appearing for the Case

Victor Sherman, Santa Monica, Cal., for claimant-appellant.

James R. Sullivan, Asst. U.S. Atty., Civil Div., Los Angeles, Cal., for plaintiff-appellee.

Before PREGERSON, CANBY and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

Jerald Wayne Dickerson appeals the forfeiture of his Cessna airplane. The plane was seized by U.S. Customs agents pursuant to federal forfeiture statutes. 19 U.S.C. § 1703; 21 U.S.C. § 881(a)(4). The district court held that Dickerson's plane was subject to forfeiture under either statute. Under section 881(a)(4), the government must first demonstrate that there was probable cause to believe the conveyance seized was used or intended...

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