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U.S. v. 1988 CHEVROLET SILVERADO

No. 92-8293.

16 F.3d 660 (1994)

UNITED STATES of America, Petitioner-Appellee, v. 1988 CHEVROLET SILVERADO, VIN: 1GCDC14H5JZ157972, et al., Respondents, v. Rodrigo RAMIREZ, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 22, 1994.

Attorney(s) appearing for the Case

Arvel (ROD) Ponton, III, El Paso, TX, for Rodrigo Ramirez.

Jose Luis Gonzalez, Rene Ordonez, Asst. U.S. Attys., James H. DeAtley, Acting U.S. Atty., San Antonio, TX, for petitioner-appellee.

Before KING and WIENER, Circuit Judges, and ROSENTHAL, District Judge.

WIENER, Circuit Judge:

Today we address the question—res nova in this circuit—who bears the burden of proof once the government establishes probable cause to seize property in a civil forfeiture proceeding under 18 U.S.C. § 512, which codifies § 201 of the Motor Vehicle Theft Law Enforcement Act of 1984 (the "Act").1 We conclude that such burden belongs to the claimant.

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