Collette

Collette v. United States

Good Law
247 F. App'x 87
United States Court of Appeals for the Ninth CircuitSeptember 6, 2007No. 05-36110California584 words

Opinion

Lead Opinion

MEMORANDUM *

John Collette (Collette) appeals the dismissal of his suit to reclaim 21 pieces of property administratively forfeited by the Drug Enforcement Administration (DEA), claiming that the DEA did not provide him with constitutionally sufficient notice of the forfeitures. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and reverse in part.

1. Marijuana Grow Equipment (Both Sets), 1984 Audi Quattro, 1984 Volkswagen Quantum

The DEA received Return Receipt Cards (Green Cards) signed by jail staff in response to notices covering these four items, which were sent to Collette at the Cook Inlet Pretrial Facility by certified mail. The notice as to these four items was sufficient. See Dusenbery v. United States, 534 U.S. 161 , 122 S.Ct. 694 , 151 L.Ed.2d 597 (2002) (holding that the Constitution does not require actual notice when the individual is in prison but only “that the Government’s effort be reasonably calculated to apprise a party of the pendency of the action” (internal quotation marks omitted)).

2. 1982 Kubota Tractor

The DEA received a Green Card signed by Collette in response to the tractor’s notice, so Collette had actual notice as to this…

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