United States v. Real Property Located at 9832 Richeon Avenue

Good Law
156 F. App'x 50
United States Court of Appeals for the Ninth CircuitNovember 29, 2005Nos. 03-57185, 04-55013California469 words

Opinion

Lead Opinion

MEMORANDUM **

Claimants Zoyla Boyadzhyan-Asensio, Pogos Boyadzhyan, and Miriam Carmen Castillo appeal a summary judgment in favor of the government in a civil forfeiture action. We affirm.

Zoyla’s 1 claims that the house was not substantially connected to drug trafficking and that she is an “innocent owner” are without merit. Her conspiracy conviction established that she used her house for the purpose of distributing cocaine. Zoyla’s bare denials in her deposition testimony are not sufficient to create a genuine issue of material fact. See United States v. Currency, U.S. $42,500.00, 283 F.3d 977, 984 (9th Cir.2002). Similarly, Zoyla’s conviction, which established that she “knowingly” committed these drug trafficking offenses, defeats her “innocent owner” defense.

The district court properly concluded that Pogos and Miriam could not establish an ownership interest in the property. When he executed and recorded the Interspousal Transfer Grand Deed in 1995, Pogos conveyed his entire “right, title and interest ..., community or otherwise,” to Zoyla. Miriam’s grant deed likewise conveyed her entire property interest to Zoyla. Both of these unrestricted conveyances transferred to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.