United States v. James Daniel Good

971 F.2d 1376 UNITED STATES of America, Plaintiff-Appellee, v. JAMES DANIEL GOOD PROPERTY TITLED IN THE NAME OF JAMES DANIEL GOOD, Described in Transfer Certificate Title No. 249, 207, Tax Map Key No. 1-6-008-233(3), Located at Keeau, District of Puna, Island and County of Hawaii, State of Hawaii, Together With Appurtenances and Improvements, Defendant-Appellant. No. 90-16636. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 11, 1991. Decided April 24, 1992. As Amended on Denial of Rehearing and Rehearing En Banc Sept. 10, 1992. Christopher J. Yuen, Hilo, Hawaii, for defendant-appellant. Beverly A. Wee, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee. Appeal from the United States District Court for the District of Hawaii. Before: ALDISERT, * GOODWIN, and NOONAN, Circuit Judges. GOODWIN, Circuit Judge: 1 This appeal challenges the civil forfeiture of a home pursuant to 21 U.S.C. § 881 (a)(7), 1 the provision of the Controlled Substance Act that authorizes the forfeiture of real property. James Daniel Good challenged the forfeiture as untimely and as a violation of due process. The district court, exercising jurisdiction under 21 U.S.C.…