United States v. $58,422.00 in U.S. Currency

MEMORANDUM *

Christopher Boultinghouse appeals the district court’s grant of summary judgment for the government on its in rem civil forfeiture action against $58,422 in cash, a vehicle, and two pieces of jewelry (the “defendant assets”). We affirm the district court.

We review the district court’s grant of summary judgment de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004). The inferences drawn from the underlying facts must be viewed in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88 , 106 S.Ct. 1348, 1356 , 89 L.Ed.2d 538 (1986).

Ultimately, in order to prevail at trial, the government would have to prove by a preponderance of evidence that the defendant assets are traceable to drug trafficking. See 18 U.S.C. § 983 (c)(1). We use an “aggregate of facts” test to determine whether the defendant assets are so traceable, analyzing facts cumulatively rather than in isolation. See United States v. U.S. Currency, $42,500.00, 283 F.3d 977, 980 (9th Cir.2002).

In this case, a legal search in March 2002 of Boultinghouse’s apartment yielded 54 bottles containing 3,564 grams of illegal gammabutyrolactone…