United States v. One Ford Mustang 1971 Mach I

FINDINGS OF FACT AND CONCLUSIONS OF LAW

After having conducted a court trial with respect to Action Number 72-1491-AAH on Monday, January 22, 1973, the Court having considered the testimony offered therein, as well as the pleadings, memoranda of points and authorities, affidavits, and other documents, and the Court being fully advised in the premises, now makes its findings of fact and conclusions of law, as follows:

FINDINGS OF FACT

1. Plaintiff, United States of America, has brought this action for forfeiture of Defendant automobile under 28 U.S.C. Sec. 1345 1 claiming jurisdiction in this Court as a party plaintiff, and under 49 U.S.C. §§ 781-788 2 claiming the right to

*84 seize and forfeit the automobile because it had been used by one Manzell Naisheck to facilitate transportation and sale of heroin, a narcotic drug, and contraband article within the meaning of 49 U.S.C. § 781 , subjecting it to seizure and forfeiture under 49 U.S.C. § 782 .

2. Defendant in this case is the 1971 Ford Mustang Mach I, California License Number 363 CPT, M/S Number 1F05M-126266, which was seized by Federal Narcotics Agents on December 9, 1971 and stored in the General Services…