United States v. Twelve Pieces of Real Property With all Appurtenances

MEMORANDUM *

Gerald Plunk appeals from the district court’s grant of summary judgment and order of forfeiture. We affirm in part, reverse in part, and remand. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

The only properties at issue in this appeal are a 1975 SuperCub airplane, $5,000 in a vacuum-packed, heat-sealed bag, $50,000 substituted for Plunk’s Big Mountain Lodge, and the Hock Lake property. The district court held that all four of these items were subject to civil forfeiture pursuant to 21 U.S.C. § 881 (a). 21 U.S.C. § 881 (a) provides for forfeiture of all property (both real and personal), including money, that was used to facilitate drug trafficking or is traceable to proceeds from drug trafficking. See 21 U.S.C. § 881 (a). Plunk makes several arguments against the validity of any civil forfeiture order in his circumstances.

First, Plunk argues that because he has already been convicted for drug trafficking, the Double Jeopardy Clause of the Fifth Amendment prevents him from being punished again through a civil forfeiture action. Civil forfeiture actions under 21 U.S.C. § 881 , however, are not punitive for…