United States of America, Cross-Appellee v. Gerald Frank Plunk

68 F.3d 482 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, Cross-Appellee, v. Gerald Frank PLUNK, Defendant-Appellee, Cross-Appellant. Nos. 94-30421, 94-30422. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1995. Submission Deferred June 13, 1995. Resubmitted Sept. 20, 1995. Decided Oct. 17, 1995. Before: BROWNING, WRIGHT, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 We have jurisdiction over this interlocutory appeal. United States v. Chick, 61 F.3d 682 (9th Cir. 1995). 3 In United States v. Cretacci, 62 F.3d 307 (9th Cir. 1995), we held that if property seized by an agency under the administrative forfeiture procedure, 19 U.S.C. Sec. 1609 (a), is not claimed within a specified time limit, the property is declared "forfeited" and may be sold. The administrative forfeiture of unclaimed property simply constitutes the taking of abandoned property, and as such, does not impose a "punishment"…