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United States v. $7,300 in U.S. Currency

Cash found with heroin subject to forfeiture but factfinder may believe cash is car-sale proceeds.

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Judge Lynch

UNITED STATES v. $7,300 in U.S. CURRENCY — In this civil forfeiture action, the Government seeks forfeiture of $7,300 in cash that was found with two kilograms of heroin at the home of claimant Beatriz Montoya (“claimant” or “Montoya”). See 21 U.S.C. §881(a)(6) (2000). Montoya subsequently pled guilty to conspiring to distribute and possess with intent to distribute heroin, and was sentenced to 78 months in prison. She now seeks to recover the $7,300, arguing that the money represents the proceeds of the sale of a Toyota automobile. Both she and the Government have moved for summary judgment.1 For the reasons discussed below, both motions will be denied.

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