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U.S. v. ONE 1985 CADILLAC SEVILLE

No. 87-2307.

866 F.2d 1142 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 1985 CADILLAC SEVILLE, and Approximately $434,097.00 in United States Currency, Defendant, and Michael Miroyan, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 31, 1989.

Attorney(s) appearing for the Case

Stanley P. Gimbel, Milwaukee, Wis., and Doron Weinberg, Larson & Weinberg, San Francisco, Cal., for claimant-appellant.

David L. Denier, Asst. U.S. Atty., Tax Div., San Francisco, Cal., for plaintiff-appellee.

Before NELSON, BEEZER and HALL, Circuit Judges.

BEEZER, Circuit Judge:

Claimant-appellant Michael Miroyan appeals the district court's order of summary judgment, and denial of his motion for declaratory judgment, forfeiting United States currency and an automobile to the United States under 21 U.S.C. § 881 (1982) for involvement with controlled substances. Miroyan argues that an Internal Revenue Service ("IRS") lien on the property at issue represents a prior equitable...

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