Legal Opinion
United States v. 1 Parcel of Real Property, Lot 4, Block 5 of Eaton Acres
Court of Appeals for the Ninth Circuit
Decided May 29, 1990No. 89-35453PublishedCited by 85 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge:
Joseph Apodaca appeals the district court’s grant of summary judgment ordering the forfeiture of his home, which allegedly played a role in a drug offense. 712 F.Supp. 810. We consider whether Apoda-ca’s sworn declaration that his home was not used in such a manner is sufficient to defeat a motion for summary judgment when the government has made a prima facie case for forfeiture.
I
In January, 1988, a grand jury indicted Apodaca on two counts of distributing co*489caine on May 12, 1987, and June 2, 1987, respectively. After initially entering a plea of not guilty, Apodaca…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- United States v. One 56-Foot Motor Yacht Named the Tahuna, and New Approach, Inc., Claimant-AppellantCourt of Appeals for the Ninth Circuit · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- George McGinest v. Gte Service Corp. Mike BiggsCourt of Appeals for the Ninth Circuit · 2004
- Merlin Hansen Dolores Hansen v. United StatesCourt of Appeals for the Ninth Circuit · 1993
- United States v. Westlands Water DistrictDistrict Court, E.D. California · 2001
- Federal Trade Commission v. Publishing Clearing House, Inc.Court of Appeals for the Ninth Circuit · 1997
- Phillip F. Winskunas v. James G. Birnbaum and Wisconsin Lawyers Mutual Insurance CompanyCourt of Appeals for the Seventh Circuit · 1994
80 more not listed; retrieve them via the Exa API.