United States v. One Parcel of Land, Known as Lot 111 Tax Map Key 4

Good Law
902 F.2d 1443·1990 U.S. App. LEXIS 7597
United States Court of Appeals for the Ninth CircuitMay 10, 199089-15409California749 words

Opinion

Opinion

902 F.2d 1443 UNITED STATES of America, Plaintiff-Appellee, v. ONE PARCEL OF LAND, KNOWN AS LOT 111-B, TAX MAP KEY 4-4-03-71(4), WAIPOULI, KAPAA, ISLAND AND COUNTY OF KAUAI, STATE OF HAWAII, Together With Appurtenances and Improvements, Defendant. Appeal of Richard STAGE, Claimant-Appellant. No. 89-15409. United States Court of Appeals, Ninth Circuit. Submitted April 13, 1990 * . Decided May 10, 1990. Philip D. Bogetto, Honolulu, Hawaii, for claimant-appellant. Florence T. Nakakuni, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee. Appeal from the United States District Court for the District of Hawaii. Before FARRIS, PREGERSON and RYMER, Circuit Judges. PER CURIAM: 1 Richard Stage appeals the district court's denial of his claim for return of property forfeited pursuant to 21 U.S.C. Sec. 881 . The district court held that Stage was a "nominal owner" lacking standing to challenge the forfeiture. Alternatively, the court held that Stage did not qualify as an "innocent owner." We affirm. DISCUSSION 2 The district court found that the government had satisfied its burden of showing probable cause that the property was used or intended for use in a manner to facilitate the…

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