United States v. Forty-Seven Thousand Nine Hundred Eighty Dollars ($47,980.00) in Canadian Currency

Our previous decision in this civil forfeiture action is reported at 689 F.2d 858 (9th Cir.1982), where the facts are fully set forth. There we affirmed a summary judgment against the government. We held that excessive delay by the government in instituting judicial forfeiture proceedings violated due process. In so holding, we relied substantially, as had the district court, on 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 ease and claimant filed a response to that petition. On the strength of the Supreme Court’s decision in $8,850, we now grant the petition for rehearing, withdraw our previous decision, and reverse the summary judgment against the government. In reversing, we also reject two other grounds which were originally urged by claimant in support of the…