United States v. $57,480.05 United States Currency and Other Coins and $10,575.00 United States Currency, Vincent Anthony Gulino

The United States brought this action for forfeiture of monies intended to be used to buy controlled substances. 21 U.S.C. § 881 (1976 & Supp. V 1981). The district court granted summary judgment for the Government. Claimant Gulino appeals, raising seven issues. We are unable to address the merits of the appeal, however, for we must dismiss for lack of jurisdiction.

After the judgment of forfeiture was entered on September 15, 1980, the Marshal executed the judgment by delivering the funds to the United States Attorney, who caused them ultimately to be paid into the United States Treasury. Gulino never sought to stay execution of the judgment.

In conducting this forfeiture proceeding, the district court was exercising in rem jurisdiction and the currency was the res. The power of the court derived entirely from its control over the defendant res. See Pennington v. Fourth National Bank, 243 U.S. 269 , 37 S.Ct. 282 , 61 L.Ed. 713 (1917); Yokohama Specie Bank v. Wang, 113 F.2d 329 (9th Cir.), cert. denied, 311 U.S. 690 , 61 S.Ct. 71 , 85 L.Ed. 446 (1940). Release or removal of the res from the control of the court ended the jurisdiction of the court, in accordance with the general…