¶3United States of America, Plaintiff-Appellant,
Robert CABALLERO, Claimant-Appellee,
v.
Condominium at 1851-1 Cherokee Drive, Salinas, California,
Defendant-Appellee.
¶4No. 95-15803.
D.C. No. CV-94-20228.
¶5United States Court of Appeals,
Ninth Circuit.
¶6.
Submitted April 20, 19982.
Decided April 28, 1998.
¶7Appeal from the United States District Court for the Northern District of California Patricia V. Trumbull, District Judge, Presiding.
¶8Before BRUNETTI, RYMER, and T.G. NELSON, Circuit Judges.
¶10The United States appeals the district court's summary judgment in favor of Rolando Caballero, in the government's in rem civil forfeiture action pursuant to 21 U.S.C. § 881(a)(7) against a condominium owned by claimant Caballero and others. The district court ruled that the forfeiture violated Caballero's double jeopardy rights.
¶11Caballero pleaded guilty to conspiracy to distribute cocaine and marijuana. We reverse the district court's judgment in light of United States v. Ursery, 518 U.S. 267 (1996) (civil forfeiture pursuant to § 881(a)(7) does not constitute punishment).
¶12REVERSED and REMANDED.