United States v. Two Hundred Ninety-Five Ivory Carvings and Marvin Segal

Our previous decision in this civil forfeiture action is reported at 689 F.2d 850 (9th Cir.1982), where the facts are fully set forth. There we affirmed a summary judgment in favor of Segal on the ground that the government’s delay in instituting judicial forfeiture proceedings violated due process. We relied substantially on the authority of United States v. Eight Thousand Eight Hundred Fifty Dollars, 645 F.2d 836 (9th Cir.1981) (“$8,850”). Because the Supreme Court had granted certiorari in $8,850, we extended the time for the government to petition for rehearing of this appeal until the Supreme Court had decided $8,850.

On May 23, 1983, the Supreme Court entered its decision in $8,850,-U.S.-, 103 S.Ct. 2005 , 76 L.Ed.2d 143 . The government subsequently filed its petition for rehearing in this case and we gave opportunity for a response. No response was filed. On the strength of the Supreme Court’s decision in $8,850, we now grant the petition for rehearing, withdraw our previous decision, reverse the summary judgment against the government, and remand for further proceedings.

In $8,850, the Supreme Court held that Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d…