United States v. Austin

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Defendant Ricky D.L. Austin was arrested on December 17, 1993 and charged with possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). He pled guilty on May 20,1994 and was sentenced on September 12, 1994. The Tenth Circuit has affirmed defendant’s conviction and sentence. Either at the time Mr. Austin was arrested or on January 24, 1994, the police seized the 1986 Chevrolet Monte Carlo that Mr. Austin was operating at the time of his arrest.1 The car was administratively forfeited on March 25,1994.

In his Motion to…