United States v. ONE 1976 CADILLAC SEVILLE, ETC.

MEMORANDUM OPINION AND ORDER

JULIAN ABELE COOK, Jr., District Judge.

The United States filed this Complaint for Forfeiture on January 7, 1976, pursuant to 28 U.S.C.A. § 1355, 49 U.S.C.A. §§ 781-788, and in particular 21 U.S.C.A. §§ 801 et seq., claiming that on October 9, 1975, the Defendant Cadillac Seville was seized from John Floyd, Jr., and was “used to facilitate the transportation, concealment, receipt, possession, purchase, sale, barter or exchange of heroin,” and, therefore, subject to seizure and forfeiture.

The facts can be summarized as follows: On the evening of October 2, 1975,…