United States v. Real Property Located at 22 Santa Barbara Drive

Good Law
264 F.3d 860·2001 WL 1008161
United States Court of Appeals for the Ninth CircuitSeptember 5, 2001No. 99-57000California6,006 words

Opinion

Lead Opinion

Nelson, J.

Claimants Adaline and Darnell Garcia and their attorneys appeal a judgment of forfeiture for the United States. They argue that the district court (1) erred by denying damages for the wrongful seizure of the Garcias’ home; (2) abused discretion by dismissing the attorney-claimants’ claims; (3) erroneously found probable cause for the seizure; (4) improperly admitted Swiss bank records in the probable cause hearing; (5) improperly limited the claimants’ questioning of DEA and IRS agents; (6) abused discretion by refusing to grant the claimants’ motion in limine to exclude evidence that Adaline Garcia was not an innocent spouse; (7) violated the claimants’ due process rights; and (8) excessively fined the claimants in violation of the Eighth Amendment. The claimants further argue that if we order a remand, the case should be assigned to another district judge. 1 We affirm.

FACTS

The facts and procedural history of this case have a degree of complexity worthy of *865 Jarndyce v. Jarndyce. On June 13, 1989, the government filed a complaint for forfeiture in rem against Darnell and Adaline Garcia’s house in Rancho Palos Verdes, California, pursuant to 21 U.S.C. § 881 (a)(6), which…

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