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U.S. v. PREMISES KNOWN AS 717 SO. WOODWARD STREET

No. 92-1916.

2 F.3d 529 (1993)

UNITED STATES of America v. PREMISES KNOWN AS 717 SOUTH WOODWARD STREET, ALLENTOWN, PENNSYLVANIA; a Parcel of Real Property and All Improvements Thereon, and All Appurtenances Thereto, Lying in the County of Lehigh, Commonwealth of Pennsylvania; Premises Known as 245-247 North Second Street, Allentown, Pennsylvania; A Parcel of Real Property and All Improvements Thereon, and All Appurtenances Thereto, Lying in the County of Lehigh, Commonwealth of Pennsylvania; Premises Known as 209-217 North Second Street, Allentown, Pennsylvania; A Parcel of Real Property and All Improvements Thereon, and All Appurtenances Thereto, Lying in the County of Lehigh, Commonwealth of Pennsylvania; and Any and All Proceeds From the Sale of Said Property. 717 South Woodward Street, Allentown, Pennsylvania; 245 and 247 North Second Street, Allentown, Pennsylvania; and 209-217 North Second Street, Allentown, Pennsylvania, Wyrma Acevedo Rivera and Luis Rivera, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 20, 1993.

Attorney(s) appearing for the Case

Louis T. Savino, Jr., Robert Rebstock (argued), Philadelphia, PA, for appellants.

Michael M. Baylson, U.S. Atty., Sonia C. Jaipaul, Asst. U.S. Atty., Chief, Financial Litigation Div., James H. Swain (argued), Asst. U.S. Atty., Philadelphia, PA, for appellee.

Before: STAPLETON, ALITO and SEITZ, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

We consider here whether, under some circumstances, a claimant asserting the innocent owner defense to forfeiture of property used in federal drug offenses may successfully oppose a motion for summary judgment solely by declaring under oath that he or she did not know of the activity giving rise to forfeiture. On the present record, we hold that a reasonable juror could believe the assertions of claimants Wyrma...

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