No. 89-35453

904 F.2d 487 58 USLW 2747 UNITED STATES of America, Plaintiff-Appellee, v. 1 PARCEL OF REAL PROPERTY, LOT 4, BLOCK 5 OF EATON ACRES, Defendant, and Joseph Apodaca, Claimant-Appellant. No. 89-35453. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 7, 1990. Decided May 29, 1990. Lon N. Bryant, Samuel A. Hall, Jr., Wilsonville, Or., for claimant-appellant. Craig J. Casey, Asst. U.S. Atty., Portland, Or., for plaintiff-appellee. Appeal from the United States District Court for the District of Oregon. Before BROWNING, ALARCON and KOZINSKI, Circuit Judges. KOZINSKI, Circuit Judge: 1 Joseph Apodaca appeals the district court's grant of summary judgment ordering the forfeiture of his home, which allegedly played a role in a drug offense. 712 F.Supp. 810 . We consider whether Apodaca's sworn declaration that his home was not used in such a manner is sufficient to defeat a motion for summary judgment when the government has made a prima facie case for forfeiture. 2 * In January, 1988, a grand jury indicted Apodaca on two counts of distributing cocaine on May 12, 1987, and June 2, 1987, respectively. After initially entering a plea of not guilty, Apodaca agreed to…