US v. John F. Jackson

Filing 920081016

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1828

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN F. JACKSON, Claimant - Appellant, v. APPROXIMATELY $8,565.00 IN U.S. CURRENCY; ONE 1999 GMC YUKON DENALI VIN NUMBER 1GKEK13R6XR917440; ASSORTED TIRES; ASSORTED CUSTOM TIRE RIMS, Defendants.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Samuel G. Wilson, District Judge. (5:06-cv-00015-sgw)

Submitted:

October 14, 2008

Decided:

October 16, 2008

Before KING, GREGORY, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John F. Jackson, Appellant Pro Se. Sharon Burnham, Thomas Linn Eckert, Assistant United States Attorneys, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM: John order entering the F. Jackson appeals in the the district court's final it its

judgment Government

Government's summary thereby

favor

after in

granted

partial Jackson,

judgment forfeiting

forfeiture

action

against

seized

currency and a vehicle to the United States. * we affirm.

Finding no error,

This Court reviews a district court's order granting summary judgment de novo, drawing reasonable inferences in the light most favorable to the non-moving party. v. Caldera, 249 F.3d 259, 265 (4th Cir. 2001). See Hooven-Lewis Summary judgment

may be granted only when "there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). Summary judgment will

be granted unless a reasonable jury could return a verdict for the nonmoving party on the evidence presented. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). Under 18 U.S.C.A. § 983(c)(1) (West 2000 & Supp. See Anderson v.

2008), the Government must demonstrate by a preponderance of the evidence that the property sought is subject to forfeiture. Furthermore, § 983(c)(3) provides that "if the Id.

Government's

The Government's remaining claims were eventually disposed of by the parties and are not at issue on appeal.

*

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theory of forfeiture is that the property was used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish that there was a substantial connection between the property and the offense." Id. After reviewing the record, we

conclude that the district court did not err in finding that Jackson's vehicle facilitated unlawful drug activity and that the currency found constitutes proceeds of unlawful drug

activity. Accordingly, judgment. legal before we affirm the district court's final

We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional

contentions the court

would

process. AFFIRMED

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