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STATE v. $33,000.00 U.S. CURRENCY

No. 20070336.

748 N.W.2d 420 (2008)

2008 ND 96

STATE of North Dakota, Plaintiff and Appellee v. $33,000.00 UNITED STATES CURRENCY, Defendant and Lam Bao Tran, Owner, Defendant and Appellant.

Supreme Court of North Dakota.

May 15, 2008.

Attorney(s) appearing for the Case

Gary E. Euren (argued), Assistant State's Attorney, and Charles J. Sheeley (on brief), third-year law student, appearing under the Rule on the Limited Practice of Law by Law Students, Courthouse, Fargo, ND, for plaintiff and appellee.

Brian W. Nelson (argued), Brian W. Nelson & Associates, Fargo, ND, for defendant and appellant.

KAPSNER, Justice.

[¶ 1] Lam Bao Tran, as the owner of $33,000 United States currency, appeals a district court order denying his motion to vacate a default judgment that forfeited $33,000. We affirm.

I

[¶ 2] In July 2007, law enforcement officers searched Tran's residence and seized various controlled substances and $33,000 in cash. The State brought an action for forfeiture of the $33,000, filing a summons and complaint on August 17, 2007...

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