U.S. v. $11,500.00 IN U.S. CURRENCY

No. 14-35717.

869 F.3d 1062 (2017)

UNITED STATES Of America, Plaintiff-Appellee, v. $11,500.00 IN UNITED STATES CURRENCY, in rem; $2,971.00 in United States Currency, in rem, Defendants, Charles Guerrero, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2017.


Attorney(s) appearing for the Case

Frank de la Puente (argued), Salem, Oregon, for Claimant-Appellant.

Alexis Lien (argued) and Annemarie Sgarlata , Assistant United States Attorneys; Kelly A. Zusman , Appellate Chief; United States Attorney's Office, Portland, Oregon; for Plaintiff-Appellee.

Concurrence by Judge Hurwitz.


OPINION

This appeal is from a civil forfeiture of $11,500 under 21 U.S.C. § 881(a)(6). The claimant and his wife are heroin addicts, who have been buying and selling drugs for most of their lives. When the claimant, through a friend, tried to post the $11,500 as bail for his wife, the government seized the cash...

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