United States v. One 1970 Pontiac GTO, 2-Door Hardtop

OPINION

Before DUNIWAY, HUFSTEDLER and CHOY, Circuit Judges. PER CURIAM:

This is an appeal from a judgment forfeiting the appellant’s automobile under 21 U.S.C. § 881. The appeal raises three issues: (1) Was the evidence sufficient to prove that the vehicle was used to facilitate the sale of a controlled substance? (2) Do 21 U.S.C. § 881 and 19 U.S.C. § 1615 unconstitutionally impose upon the claimant the burden of proof after the Government proves probable cause to forfeit? (3) Must the Government prove probable cause by clear and convincing evidence?

The evidence amply proved that this…