United States v. One Twin Engine Beech Airplane, FAA Reg. No. N-9826z, Serial No. AF-305

OPINION

Before GOODWIN and SNEED, Circuit Judges, and JAMESON,* District Judge. PER CURIAM:

In this forfeiture proceeding, the government appeals the district court’s holding that the government did not establish probable cause to believe that the subject airplane was used in a marijuana smuggling operation. We agree with the government, and reverse.

The initial proceeding was instituted under 19 U.S.C. § 1595a(a), which empowers the government to forfeit vehicles used to evade customs duties, and 21 U.S.C. § 881, which empowers the government to forfeit vehicles used to import controlled…