United States v. Thirteen (13) MacHine Guns and One (1) Silencer, and J. Curtis Earl, Real Party in Interest

Our previous decision in this civil forfeiture action is reported at 689 F.2d 861 (9th Cir.1982), where the facts are fully set forth. There we reversed a summary judgment in favor of the government on the ground that the government’s delay in insti tuting 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 and claimant Earl filed a response to that petition. In light of the Supreme Court’s decision in $8,850, we now grant the petition for rehearing, withdraw our previous decision, vacate the summary judgment of the district court, 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 101 (1972), supplied…