U.S. v. CURRENCY, U.S. $42,500.00

No. 00-55875.

283 F.3d 977 (2002)

UNITED STATES of America, Plaintiff-Appellee, Ruby Hysell, Claimant-Appellant, v. CURRENCY, U.S. $42,500.00, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2002.

As Amended March 26, 2002.


Attorney(s) appearing for the Case

Richard M. Barnett, San Diego, CA, for the claimant-appellant.

Patrick K. O'Toole, United States Attorney, Rupert A. Linley, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Before: SCHROEDER, Chief Judge, TROTT, and RAWLINSON, Circuit Judges.


Opinion by Judge TROTT; Concurrence by Judge TROTT.

TROTT, Circuit Judge.

Ruby Diane Hysell ("Hysell") appeals the district court's grant of forfeiture in favor of the United States on summary judgment. Hysell contends the government lacked probable cause to seek the forfeiture of $42,500 and thus, that she is entitled to go to trial in order to prove that the currency was not entangled with illegal drug transactions. We disagree. We have jurisdiction pursuant...

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