United States v. $152,160.00 United States Currency

ORDER

CARRIGAN, District Judge.

This matter is before me on the plaintiff's motion to reconsider my earlier ruling dismissing this action, or stay execution of the judgment. On October 12,1987 I ruled that the government could not proceed against the claimants’ assets under the civil forfeiture statute, 21 U.S.C. § 881. I relied primarily on United States v. $39,000 in Canadian Currency, 801 F.2d 1210 (10th Cir.1986), a case in which the Court of Appeals for the Tenth Circuit indicated obiter dicta its disapproval of utilizing a § 881 civil forfeiture proceeding to obtain a preindictment freeze…