United States v. $874,938.00 U.S. Currency, Argemiro Restrepo, Claimant-Appellant

ORDER

The memorandum disposition filed May 11, 1993, is redesignated as a per curiam opinion.

OPINION

Claimant Argemiro Restrepo appeals the district court’s denial of his motion for summary judgment in this civil forfeiture proceeding brought by the United States pursuant to 21 U.S.C. § 881 and 18 U.S.C. § 981 . The government seized $874,938.00 in United States currency from Restrepo’s residence and initiated civil forfeiture proceedings alleging that the currency was furnished or intended to be furnished in exchange for a controlled substance. Restrepo claims that the district court erred by denying his motion for summary judgment because the government’s delay in filing the forfeiture action violated his due process rights. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s denial of summary judgment. Alaska Airlines, Inc. v. United Airlines, Inc., 948 F.2d 536, 539 (9th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 1603 , 118 L.Ed.2d 316 (1992). Summary judgment is appropriate if the moving party presents evidence that shows that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law.…