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United States v. $36,788.40 U.S. Currency

Citation: 320 F. App'x 664Docket: No. 06-35396

Court: Court of Appeals for the Ninth Circuit; March 26, 2009; Federal Appellate Court

Narrative Opinion Summary

In this appellate case, the appellant, representing himself, contested a district court’s summary judgment ruling in favor of the United States concerning a civil forfeiture of $86,788.40 in currency. The primary legal issue revolved around the appellant's standing, as he failed to establish a 'colorable interest' in the seized property. His arguments included the district court's purported oversight in considering his correspondence with an attorney and the government's alleged failure to preserve certain data. However, neither the correspondence nor the data preservation claim provided a legal basis for standing. The appellate court, exercising de novo review under 28 U.S.C. 1291, found these arguments lacking in merit and affirmed the district court’s decision. The court's ruling emphasized that the appellant did not demonstrate an ownership interest or any legal entitlement to the currency. The decision was noted as unpublished and not precedential pursuant to 9th Cir. R. 36-3, meaning it does not serve as binding authority for future cases.

Legal Issues Addressed

Appellate Review Standards

Application: The appellate court reviewed the district court's summary judgment decision de novo, affirming the lower court's ruling.

Reasoning: The appellate court has jurisdiction under 28 U.S.C. 1291 and reviews the standing determination de novo. The court affirms the district court's ruling, finding Quigg's arguments unpersuasive.

Preservation of Evidence in Civil Cases

Application: The appellant's claim that the government failed to preserve digital data lacked a legal basis and was insufficient to affect the outcome of the case.

Reasoning: Additionally, Quigg claims the government failed to preserve data related to the disputed currency, but he provides no legal basis for this requirement and does not assert that he requested such preservation.

Standing in Civil Forfeiture Proceedings

Application: The appellant failed to demonstrate a 'colorable interest' in the property subject to civil forfeiture, which is essential for establishing standing.

Reasoning: Even if it existed, it would not demonstrate that Quigg had a 'colorable interest' in the property.

Summary Judgment and Evidence Consideration

Application: The court found no error in the district court's summary judgment decision, as the alleged correspondence was neither part of the record nor sufficient to establish standing.

Reasoning: Quigg argues that the district court neglected to consider correspondence with an attorney in its summary judgment decision. However, there is no record of such correspondence or an affidavit...