United States v. Real Property Located at 25445 Via Dona Christa

Good Law
138 F.3d 403·98 Daily Journal DAR 2065·1998 U.S. App. LEXIS 3276·98 Cal. Daily Op. Serv. 1495
United States Court of Appeals for the Ninth CircuitMarch 3, 1998No. 95-56352California2,603 words

Opinion

Lead Opinion

Trott, J.

OVERVIEW

Ramdas Gupta, Claimant-Appellant, appeals the civil forfeiture of his real property pursuant to 21 U.S.C. § 881 (a)(7) (1994). Claimant’s property was seized in connection with continuous drug sales and activity.

Claimant argues that the district court erred in reinstating civil forfeiture of his property, because the forfeiture was an excessive fine under the Eighth Amendment of the Constitution. We respectfully disagree. Forfeiture was appropriate. The government met its burden by showing Claimant’s property was an instrumentality in his crimes. Furthermore, Claimant failed to show the forfeiture was disproportionate to his culpability.

The additional issues raised by Claimant are precluded from review. The district court’s reinstatement of forfeiture is affirmed.

BACKGROUND

Claimant and his family have been arrested for selling and possessing drugs for sale on several occasions. Each incident was directly or indirectly related to the property. Therefore, the government seized Claimant-Appellant’s house and property pursuant to 21 U.S.C. § 881 (a)(7), which allows civil forfeiture of property used in any part or manner to facilitate drug-related crimes.

On January…

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