United States v. Real Property Located at 597 Wendy Drive, Newbury Park, California, Ray Burnett Barbara Burnett, Claimants-Appellants

Good Law
24 F.3d 251·1994 WL 196747·1994 U.S. App. LEXIS 18926
United States Court of Appeals for the Ninth CircuitMay 18, 199493-55870California759 words

Opinion

Opinion

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. REAL PROPERTY LOCATED AT 597 WENDY DRIVE, NEWBURY PARK, CALIFORNIA, Defendant, Ray Burnett; Barbara Burnett, Claimants-Appellants. No. 93-55870. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 18, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Claimant's Ray and Barbara Burnett appeal pro se the district court's grant of summary judgment ordering forfeiture of their home for its alleged use in a drug offense under 21 U.S.C. Sec. 881 (a)(7). Claimants contend that the government failed to establish probable cause for the institution of forfeiture proceedings. We have jurisdiction under 21 U.S.C. Sec. 1291 , and we vacate and remand. 3 * Background 4 Having received information from confidential informants that the defendant property was being used to store and sell cocaine, state law enforcement…

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