United States v. Real Property Located at 10936 Oak Run Circle, Moreno Valley, California, Ruben Alexander and Grace Alexander, Claimants-Appellants

Ruben Alexander and Grace Alexander (the Alexanders) appeal the order of forfeiture of the defendant real property at 10936 Oak Run Circle, Moreno Valley, California (the property). The United States obtained a judgment of forfeiture under 21 U.S.C. § 881 by means of summary judgment. The basis for that judgment has been overruled by a decision of the United States Supreme Court, United States v. 92 Buena Vista Avenue, — U.S. —, —, 113 S.Ct. 1126, 1134 , 122 L.Ed.2d 469 (1993). As the number of forfeitures sought by the government has multiplied and as judicial guidance in this area seems needed, particularly for claimants, see David Smith, Prosecution and Defense of Forfeiture Cases, § 10.06 (1993), we publish this opinion.

FACTS

On July 3, 1990 the United States filed a complaint seeking forfeiture of the property, asserting that it had been purchased on January 5, 1987 by Eddie Edwards. Edwards was identified as “a high-ranking member of the Patrick Johnson organization,” a major cocaine and PCP distribution system. Edwards was asserted to have no legitimate source of income and to have made all the payments on the property from the sale of narcotics. Since June 22, 1990…