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U.S. v. APPROXIMATELY 50 ACRES OF REAL PROPERTY

No. 90-5354 Non-Argument Calendar.

920 F.2d 900 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. APPROXIMATELY 50 ACRES OF REAL PROPERTY LOCATED AT 42450 HIGHWAY 441 NORTH FORT DRUM, OKEECHOBEE COUNTY, FLORIDA, together with all Appurtenances there and all improvements thereon, Defendant, James Alton Padgett, Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 10, 1991.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, U.S. Atty., Miami, Fla., Kathleen M. Salyer, Robert A. Rosenberg, Asst. U.S. Attys., Fort Lauderdale, Fla., Linda Collins Hertz, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellant.

R.N. Koblegard, III, Fee, Bryan & Koblegard, Fort Pierce, Fla., for claimant-appellee.

Before TJOFLAT, Chief Judge, EDMONDSON and DUBINA, Circuit Judges.

PER CURIAM:

The Government appeals from an order of the district court finding that the defendant property, a one-acre parcel of land containing a single family home, was not subject to civil forfeiture under 21 U.S.C. § 881(a)(7) (1988), because the Government did not demonstrate probable cause to believe that a substantial connection existed between the property and an illegal drug transaction. We disagree with the district court's decision, and reverse.

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