No. 87-4011

861 F.2d 232 57 USLW 2358 UNITED STATES of America, Plaintiff-Appellee, v. TAX LOT 1500, TOWNSHIP 38 SOUTH, RANGE 2 EAST, SECTION 127, FURTHER IDENTIFIED AS 300 COVE ROAD, ASHLAND, JACKSON, COUNTY, OREGON, Defendant-Appellant, Kenneth M. Jaffee, Claimant-Appellant. No. 87-4011. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1988. Decided Nov. 9, 1988. Michael L. Williams, Williams and Troutwine, Portland, Or., for defendant-appellant. Jeffrey J. Kent, Asst. U.S. Atty., Eugene, Or., for plaintiff-appellee. Appeal from the United States District Court for the District of Oregon. Before GOODWIN, Chief Judge, ALARCON and FERGUSON, Circuit Judges. GOODWIN, Chief Judge: 1 The owner of a dwelling house and surrounding land appeals a summary judgment forfeiting his land and improvements because they were used in the production of marijuana. The government brought civil forfeiture proceedings after Jaffee was convicted in state court of "manufacturing" marijuana. 2 Jaffee challenges the forfeiture on both proportionality and due process grounds. There are a number of disputed questions of fact. The question before us, however, is whether they are "material."…