United States v. $79,010 in U.S. Currency , 550 F. App'x 462 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 20 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-16151
Plaintiff - Appellee, D.C. No. 2:10-cv-00244-DGC
v.
MEMORANDUM*
$79,010 IN U.S. CURRENCY,
Defendant,
and
QUEZON S. GRAY,
Claimant - Appellant.
Appeal from the United States District Court
for the District of Arizona
David G. Campbell, District Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument and, therefore, denies Gray’s request for oral argument
made in his opening brief. See Fed. R. App. P. 34(a)(2).
Quezon S. Gray appeals pro se from the district court’s summary judgment
in a civil forfeiture action under 21 U.S.C. § 881(a)(6) for $79,010 in U.S.
currency that officers seized from a hidden compartment of a trailer attached to a
truck driven by Gray. We have jurisdiction under 28 U.S.C. § 1291. We review
de novo, United States v. $133,420.00 in U.S. Currency, 672 F.3d 629, 637 (9th
Cir. 2012), and we affirm.
The undisputed evidence submitted by the government established, by a
preponderance of the evidence, a substantial connection between the seized
currency and illegal drug activity, and thus was sufficient to satisfy the
government’s burden of proof. See 18 U.S.C. § 983(c); United States v.
$22,474.00 in U.S. Currency, 246 F.3d 1212, 1216-17 (9th Cir. 2001) (stating that
the claimant’s conflicting statements and inability to answer simple questions
supported an inference that the money was drug-related and that a prior conviction
for drug trafficking provided the necessary link between the incriminating
circumstances and illegal drugs); United States v. $129,727.00 in U.S. Currency,
129 F.3d 486, 491 (9th Cir. 1997) (stating that the distinctive manner in which the
currency was wrapped in fabric softener sheets and plastic wrap provided the
requisite nexus to drugs); United States v. $29,959.00 in U.S. Currency, 931 F.2d
2 12-16151
549, 553 (9th Cir. 1991) (stating that carrying a large sum of cash is “strong
evidence” of a connection to illegal drug activity).
Moreover, viewing the evidence in the light most favorable to Gray, he
failed to present sufficient plausible evidence to establish, by a preponderance of
the evidence, his innocent ownership of the seized currency, see 18 U.S.C.
§ 983(d), or to “create[] a genuine issue of material fact requiring a trial,” United
States v. Currency, U.S. $42,500.00, 283 F.3d 977, 984 (9th Cir. 2002). Because
no reasonable person could return a verdict for Gray based on the evidence
presented, the district court properly granted summary judgment in favor of the
government. See $42,500.00, 283 F.3d at 983-84; see also Anderson v. Liberty
Lobby, 477 U.S. 242, 252 (1986).
AFFIRMED.
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