United States v. One Twin Engine Beech Airplane, FAA Reg. No. N-9826z, Serial No. AF-305

In this forfeiture proceeding, the government appeals the district court’s holding that the government did not establish probable cause to believe that the subject airplane was used in a marijuana smuggling operation. We agree with the government, and reverse.

The initial proceeding was instituted under 19 U.S.C. § 1595a(a), which empowers the government to forfeit vehicles used to evade customs duties, and 21 U.S.C. § 881 , which empowers the government to forfeit vehicles used to import controlled substances.

Unlike most civil and criminal proceedings, the burden of proof is on the “accused” owner or possessor, provided that the government first make a preliminary showing of probable cause to believe that the vehicle was used in the smuggling operation. 19 U.S.C. § 1615 . The district court held that the evidence adduced by the government was insufficient to support a conclusion that such probable cause existed.

Our first question involves the standard of review for forfeiture cases. Fed.R.Civ.P. 52 compels us to affirm findings of fact unless clearly erroneous, and this circuit has extended that standard of review to factual inferences derived from *1108 basic…