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U.S. v. $148,840.00 IN U.S. CURRENCY

No. 07-2142.

521 F.3d 1268 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. $148,840.00 IN UNITED STATES CURRENCY, Defendant, David D. Austin, Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 4, 2008.

Attorney(s) appearing for the Case

Michael McCabe (Richard M. Barnett, with him on the briefs,), San Diego, CA, for Claimant-Appellant.

Stephen R. Kotz, Assistant United States Attorney (Larry Gomez, Acting United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellee.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

LUCERO, Circuit Judge.

In this civil in rem action, the United States seeks the forfeiture of $148,840 in United States currency discovered in the trunk of a rental car driven by claimant David Austin after Austin was stopped by police for speeding. The government commenced the action under 21 U.S.C. § 881(a)(6), which authorizes the forfeiture of currency: (1) furnished or intended to be furnished in exchange for a controlled substance, (2) traceable to a controlled...

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