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U.S. v. THOMAS

No. 89-6317.

913 F.2d 1111 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Amaryllis THOMAS; Zenworth Thomas, Claimants-Appellees, and One Lot in Pawley's Island, South Carolina, Being Lot 2, Block B, Pawley's Island, G-43 (TM# 4-181-81); Four Lots on Prince Road, Georgetown, South Carolina, Being Lots 2, 3, 4, and 5, M.M. West Subdivision, U-65 (TM# 5-18-217, 5-18-218, 5-18-219, 5-18-220); One Lot on Church Street, Georgetown, South Carolina, Being Lot 9, Block C, Hazard Addition Company, C-9 (TM# 5-13-151); Two Lots on Front Street, Georgetown, South Carolina, Being Lots 496 and 497 on Plan of City of Georgetown (TM# 5-23-83); One 1986 Nissan Wagon, S.C. License RHX527, VIN JN1HM0581GX35250; One 1987 Dodge Wagon, S.C. License RTD528, VIN 2B7FK13G7HR104067; All Laundry Machinery Located on the Premises Commonly Known as 122 North G Street, Georgetown, South Carolina; all Contents of Safety Deposit Box # 294 at the Georgetown Branch Office of Citizens and Southern National Bank of South Carolina; all Contents in the Safe Over the Fireplace in the Residence Commonly Known as 2011 Church Street, Georgetown, South Carolina; $25,000 Cash Bond, Defendants, Nathaniel Green, Claimant.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1990.

Attorney(s) appearing for the Case

John Harris Douglas, Asst. U.S. Atty. (E. Bart Daniel, U.S. Atty., on brief), Charleston, S.C., for plaintiff-appellant.

Ellerby Delance Poston, Johnsonville, S.C., for claimants-appellees.

Before SPROUSE and WILKINSON, Circuit Judges, and TILLEY, District Judge for the Middle District of North Carolina, sitting by designation.

WILKINSON, Circuit Judge:

This is a consolidated appeal of two civil actions filed pursuant to 21 U.S.C. § 881(a)(6) to obtain forfeiture of a $25,000 cash bond and certain real and personal property. The district court held that the government failed to demonstrate probable cause that the properties listed in the complaints were the proceeds of illegal drug transactions.

We reverse.

I.

Zenworth Thomas, a thirty-eight year old native...

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