United States v. $2,490.00 in U.S. Currency, 2,610,000.00 in Mexican Pesos, and Walker B. Monroe, Claimant-Appellant

The United States filed a complaint for forfeiture under 21 U.S.C. § 881 (1982 & Supp. Ill 1985) against Walter Monroe (Monroe) following his attempt to transport Mexican pesos from the United States to Mexico. The district court subsequently granted the government’s motion for summary judgment from which Monroe timely appeals. We dismiss the appeal for lack of subject matter jurisdiction on the ground that the res—the currency—is no longer within the control of the court because the forfeiture judgment has been executed and the currency is in the United States Treasury.

Because forfeiture proceedings are in rem, the court’s subject matter jurisdiction is dependent on its continuing control over the property. United States v. 66 Pieces of Jade and Gold Jewelry, 760 F.2d 970, 973 (9th Cir.1985); United States v. $57,480.05 United States Currency and Other Coins, 722 F.2d 1457, 1458 (9th Cir.1984). The release or removal of the res from the control of the court will terminate jurisdiction, unless the res is released accidentally, fraudulently, or improperly. United States v. $57,480.05, 722 F.2d at 1458 . Furthermore, once the property is released from the court’s control, the…