United States v. One Twin Engine Beech Airplane

533 F.2d 1106 UNITED STATES of America, Plaintiff and Appellant, v. ONE TWIN ENGINE BEECH AIRPLANE, FAA REG. NO. N-9826Z, SERIAL NO. AF-305, its inventory, equipment, tools, and accessories, Defendant, Sherman Marshall Ellison, Robert Nelson Paris, Claimants and Appellees. No. 74-3256. United States Court of Appeals, Ninth Circuit. March 15, 1976. As Amended on Denial of Rehearing April 23, 1976. Stephen J. Peterson, Asst. U. S. Atty. (argued), Los Angeles, Cal., for plaintiff-appellant. Geoffrey Bogeaus (argued), of Ellison, Weitzman, Litwack & Chier, Beverly Hills, Cal., for claimants-appellees. OPINION Before GOODWIN and SNEED, Circuit Judges, and JAMESON, * District Judge. PER CURIAM: 1 In this forfeiture proceeding, the government appeals the district court's holding that the government did not establish probable cause to believe that the subject airplane was used in a marijuana smuggling operation. We agree with the government, and reverse. 2 The initial proceeding was instituted under 19 U.S.C. § 1595a(a), which empowers the government to forfeit vehicles used to evade customs duties, and 21 U.S.C. § 881 , which empowers the government to forfeit vehicles used…