United States v. One Parcel of Land ( 2003 )

Not for Publication in West's Federal Reporter
Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
United States Court of Appeals
For the First Circuit
No. 02-1389
UNITED STATES,
Plaintiff, Appellee,
v.
ONE PARCEL OF LAND, PARCELA 22, BARRIO LLANOS COSTA,
CABO ROJO, P.R.,
Defendant.
____________________
JORGE L. SUAREZ-MAYA,
Claimant, Appellant.
____________________
NAYDA FRANQUI; MUNICIPAL TAX COLLECTION CENTER (CRIM),
Claimants.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Robert J. Ward,* Senior U.S. District Judge]
Before
Boudin, Chief Judge,
Campbell, Senior Circuit Judge,
and Lipez, Circuit Judge.
Jorge L. Suarez-Maya on brief pro se.
Miguel A. Fernandez, Assistant United States Attorney, Chief,
Civil Division, Jose Javier Santos Mimoso, Assistant United States
Attorney, H.S. Garcia, United States Attorney, on brief for
appellee.
July 15, 2003
*
Of the Southern District of New York, sitting by designation.
Per Curiam. Having thoroughly reviewed the record and the
parties' briefs on appeal, we conclude that the district court did
not abuse its discretion in declining to dismiss the government's
forfeiture claim based on claimant's delayed transfer to Puerto
Rico for his first forfeiture trial. See, e.g. Young v. Gordon,
330 F.3d 76, 81 (lst Cir. 2003)("dismissal should not be viewed
either as a sanction of first resort or as an automatic penalty for
every failure to abide by a court order."). Apart from English
translations of the relevant deeds, claimant failed to adduce any
new evidence to support his claim to the property on retrial.
Under these circumstances, we cannot say that the district court
clearly erred in declining to credit fully claimant's testimony
regarding the source of the purchase money. Accordingly, the
district court's forfeiture judgment is affirmed. See Local Rule
27(c).