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U.S. v. $52,800.00 U.S. CURRENCY AND INTEREST

No. 92-5178.

33 F.3d 1337 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. FIFTY-TWO THOUSAND AND EIGHT HUNDRED DOLLARS ($52,800.00) IN U.S. CURRENCY AND INTEREST, Defendant, Diego Jose Ganuza and Mayling Ganuza, Claimants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 4, 1994.

Attorney(s) appearing for the Case

Israel J. Encinosa, Miami, FL, for appellees.

Jeanne M. Mullenhoff, Asst. U.S. Atty., Miami, FL, for appellant.

Before COX and DUBINA, Circuit Judges, and CLARK, Senior Circuit Judge.

CLARK, Senior Circuit Judge:

This is a civil forfeiture action. At issue is $52,800 that the government contends is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(B) as proceeds traceable to transactions involving controlled substances. The government appeals the district court's grant of summary judgment in favor of claimants Diego Jose Ganuza and Mayling Ganuza. The district court concluded that the less than four month...

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