United States v. One Residential Property Located at 325 Skyline Circle

ORDER DENYING CLAIMANT’S MOTION FOR DETERMINATION THAT FORFEITURE OF THE DEFENDANT PROPERTY IS GROSSLY DISPROPORTIONATE TO THE OFFENSE AND TO REDUCE OR ELIMINATE THE FORFEITURE [DOC. # 22]

INTRODUCTION

Now pending before the Court is the motion of claimant Lawrence Nedeau (“claimant” or “Nedeau”) seeking this Court’s determination that the forfeiture of the defendant property, a 3.27 acre parcel of land located at 325 Skyline Circle, in Fallbrook, California (the “defendant property”), is grossly disproportionate to the offense and to reduce or eliminate the forfeiture. The motion has been fully briefed by the parties and an evidentiary hearing has been conducted. After a careful consideration of the pleadings and relevant exhibits submitted, the testimony presented at the hearing, and for the reasons set forth below, this Court DENIES claimant’s motion in its entirety.

BACKGROUND

1. Factual Background

Claimant is the owner of the defendant property on which he operates an organic farming business named “Budwood Organic Farms.” Nedeau Decl. I ¶ 1; Nedeau Decl. II ¶ 2. The property was appraised on July 5, 2005 at $300,000. Dressier Decl. ¶ 13. Nedeau knew that marijuana was…