United States v. Two Tracts of Land in Cascade County

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

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 Wago-neer, 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. § 881(a)(6) as proceeds traceable to an exchange for a controlled substance. The proceeding was stayed pending a criminal ease, at the conclusion of which Garcia was convicted and sentenced. Shortly after sentencing Garcia, the district court granted summary judgment to the United States as to all the property except the 1979 *1362 Volvo and one of the two 1971 MGB automobiles. Garcia appealed.

ANALYSIS

The United States, as the district court observed, “provided ample evidence establishing the existence of probable cause” to believe that Garcia had participated in drug trafficking in violation of 21 U.S.C. § 841 (a)(1). The evidence, of course, included Garcia’s conviction for distributing…