No. 74--3074

529 F.2d 65 UNITED STATES of America, Plaintiff-Appellee, v. ONE 1970 PONTIAC GTO, 2-DOOR HARDTOP, etc., Defendant, Jesus Ramirez Sanchez, Claimant-Appellant. No. 74--3074. United States Court of Appeals, Ninth Circuit. Jan. 30, 1976. Victor Sherman, Beverly Hills, Cal., for claimant-appellant. Huston T. Carlyle, Jr., Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee. OPINION Before DUNIWAY, HUFSTEDLER and CHOY, Circuit Judges. PER CURIAM: 1 This is an appeal from a judgment forfeiting the appellant's automobile under 21 U.S.C. § 881 . The appeal raises three issues: (1) Was the evidence sufficient to prove that the vehicle was used to facilitate the sale of a controlled substance? (2) Do 21 U.S.C. § 881 and 19 U.S.C. § 1615 unconstitutionally impose upon the claimant the burden of proof after the Government proves probable cause to forfeit? (3) Must the Government prove probable cause by clear and convincing evidence? 2 The evidence amply proved that this automobile was used by one Bautista (not the claimant) to further every aspect of the heroin transaction for which Bautista was convicted, except the physical transportation of the contraband. The…