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United States v. Donovan
Citation: 33 F. App'x 823Docket: No. 01-2572, 01-2757
Court: Court of Appeals for the Seventh Circuit; April 19, 2002; Federal Appellate Court
In the consolidated appeals involving Steven Donovan and his mother, Natalie Donovan, the court addressed their claims regarding inadequate notice of administrative forfeiture proceedings by the DEA concerning seized property linked to Mr. Donovan's cocaine trafficking. The district court determined that Mr. Donovan received adequate notice, while Ms. Donovan's claim was deemed time-barred. The DEA seized multiple items from Mr. Donovan in October 1991, following information from his girlfriend. Notices of intent to forfeit the seized property were mailed to Mr. Donovan's home address in November 1991. Although the DEA attempted to deliver these notices, they were returned as unclaimed. Subsequently, the DEA published notices in USA Today and forfeited the property in early 1992 due to a lack of response. Ms. Donovan, who did not live with her son, was not named in the notices. Mr. Donovan filed a motion for the return of his property in February 1997, which was unsuccessful. Ms. Donovan later filed her own motion in February 1999. The district court denied both motions, and on appeal, Mr. Donovan argued that the notices were insufficient due to his girlfriend's involvement. However, he did not raise this specific argument in the district court, making it unreviewable on appeal. Mr. Donovan argues that the DEA was required to notify either the Racine County Jail or his attorney after their mailings were returned unclaimed. However, the Supreme Court's decision in Dusenbery v. United States, 534 U.S. 161 (2002), established that the government is not obligated to make extensive efforts to notify claimants in federal custody. In Dusenbery, the FBI's attempts to notify a prisoner were deemed sufficient despite the claimant not receiving the notices. Although Mr. Donovan's situation differs because the DEA was aware that its notices were not effectively delivered and could locate him in jail, the precedent set by Dusenbery indicates that the DEA's actions were adequate. Additionally, the case Garcia v. Meza, 235 F.3d 287 (7th Cir. 2000), suggests that the government may need to supplement notice if initial attempts fail, but it emphasizes a case-specific inquiry. In Garcia, the claimants actively sought the return of their property, while Mr. Donovan did not take similar actions to contest the DEA's forfeitures. Although he was informed about the seizures shortly after they occurred, he did not take steps to reclaim his property, indicating a lack of effort on his part. Ms. Donovan's appeal focuses on the district court's ruling that her Rule 41(e) motion, filed six years post-forfeiture of $8,020, is time-barred. She was aware of the seizure and her son's drug charges, which makes the forfeiture a known risk and precludes her from arguing against the statute of limitations or invoking equitable tolling. The court affirmed the decisions regarding both Mr. and Ms. Donovan.