United States v. Two Tracts Of Land In Cascade County, Montana

5 F.3d 1360 UNITED STATES of America, Plaintiff-Appellee, v. TWO TRACTS OF LAND IN CASCADE COUNTY, MONTANA; One Residence Located at 2109 Central Avenue West, Great Falls, Montana, et al., Defendants, Henry G. Garcia, Claimant-Appellant. No. 92-36799. United States Court of Appeals, Ninth Circuit. Submitted Aug. 31, 1993 * . Decided Oct. 4, 1993. John Keith, Great Falls, MT, for claimant-appellant. Carl E. Rostad, Asst. U.S. Atty., Great Falls, MT, for plaintiff-appellee. Appeal from the United States District Court for the District of Montana. Before: WALLACE, BOOCHEVER and NOONAN, Circuit Judges. NOONAN, Circuit Judge: 1 Henry G. Garcia appeals the grant of summary judgment to the United States in this action to forfeit certain properties. We reverse and remand to the district court. PROCEEDINGS 2 The United States moved to forfeit two tracts of land in Cascade County, Montana; one residence at 2109 Central Avenue West, Great Falls, Montana; one 1986 AMC Wagoneer, two 1971 MGBs and one 1979 Volvo, alleged to be the property of Henry G. Garcia. The property was sought to be forfeited under 21 U.S.C. Sec. 881 (a)(6) as proceeds traceable to an exchange for a controlled substance.…