United States Tenth Circuit

In the context of forfeiture proceedings, when a claimant has asserted an ownership interest in the res at issue and has provided some evidence supporting the existence of that ownership interest, the claimant has standing to challenge the forfeiture. In a civil in rem action in which the government sought the forfeiture of almost $150,000 discovered in the trunk of a rental car driven by claimant after he was stopped by police for speeding, summary judgment for the government is reversed and remanded where, contrary to the ruling below, claimant set forth sufficient jurisdictional facts to support his constitutional standing.

Appellate Information

• Decided 04/04/2008
• Published 04/07/2008

Judges

• LUCERO, Circuit Judge., Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael McCabe (Richard M. Barnett, with him on the briefs), San Diego, CA, for Claimant-Appellant.


• For Appellees:
  
• Stephen R. Kotz, Assistant United States Attorney (Larry Gomez, Acting United States Attorney, with him on the briefs), Albuquerque, NM, for Plaintiff-Appellee.