U.S. v. $80,180.00 IN U.S. CURRENCY

No. 01-55466.

303 F.3d 1182 (2002)

UNITED STATES of America, Plaintiff-Appellee, Alexandra Sandoval; Ramon Rios Milanez, Claimants-Appellants, v. $80,180.00 in U.S. CURRENCY; $10,836.00 in U.S. Currency; VIN# 2C3ED46F8RH Chrysler 1994 New Yorker, VIN# 2C3ED46F8RH161870, Ca. Lic. No. 4CQR665, its tools and appurtenances; 250 100 Mexican Peso Bills Totaling $2,316.52 in U.S. Currency, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2002.


Attorney(s) appearing for the Case

Richard M. Barnett, San Diego, CA, for the claimants-appellants.

Patrick K. O'Toole, United States Attorney (at time of argument), Carol C. Lam, United States Attorney (when opinion was filed), Rupert A. Linley, Special Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for the plaintiff-appellee.

PREGERSON, FISHER and TALLMAN, Circuit Judges.


OPINION

FISHER, Circuit Judge.

On November 9, 1999, the United States filed a complaint for civil forfeiture of currency seized from the residence of appellants Alexandra Sandoval and Ramon Rios Milanez. See 21 U.S.C. § 881(a)(6). On January 25, 2001, the district court granted the government's motion for summary judgment, rejecting appellants' claims to the property. Sandoval and Rios contend that this case should be remanded for reconsideration...

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