United States v. One 1967 Cadillac El Dorado

453 F.2d 396 UNITED STATES of America, Plaintiff-Appellee, v. ONE 1967 CADILLAC EL DORADO, SERIAL NO. H7135768, LICENSE NO. TVM 155, its tools and appurtenances, Leonar Dixon, real party in interest, Defendant-Appellant. No. 26269. United States Court of Appeals, Ninth Circuit. Dec. 27, 1971. Jonathan K. Golden (argued), Burton Marks, of Marks, Sherman & London, Beverly Hills, Cal., for appellant. Larry L. Dier, Asst. U. S. Atty., (argued), Robert L. Meyer, U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty. & Chief, Civil Division, Los Angeles, Cal., for appellee. Before CHAMBERS and HUFSTEDLER, Circuit Judges, and TAYLOR, * District Judge. PER CURIAM: 1 Appellant Cadillac was forfeited on the ground that it had been used to facilitate transportation of illegally imported marihuana (19 U.S.C. Sec. 1595a). The owner of the Cadillac had been tried and acquitted of the charge of transporting or facilitating the transportation of marihuana before the forfeiture proceeding had been commenced. (21 U.S.C. Sec. 176a.) The facts upon which the charges against the owner were made were the same as those upon which the forfeiture proceeding depended. 2 In Coffey v. United States…