United States v. $159,930.00 United States Currency, Douglas McArthur Harris, Claimant-Appellant

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. $159,930.00 UNITED STATES CURRENCY, Defendant. Douglas McArthur Harris, Claimant-Appellant. No. 94-56632. United States Court of Appeals, Ninth Circuit. Submitted May 9, 1996. * Decided May 30, 1996. Before: HALL, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Harris argues that the government was not entitled to use hearsay to support its summary judgment motion. We have held that for purposes of forfeiture, "rule 56(e) does not apply when ... the sole issue is whether the government has established probable cause to seek forfeiture." United States v. One 56-Foot Motor Yacht Named the Tahuna, 702 F.2d 1276, 1283 (9th Cir.1983). To establish probable cause for forfeiture, "otherwise inadmissible hearsay" may be used on summary judgment. Id.; United States v. $5,644,540.00, 799 F.2d 1357 , 1362 (9th Cir.1986). 3 In this case, the district court had for…