United States v. Orellana

U.S. Court of Appeals for the First Circuit

United States v. Orellana

Opinion

USCA1 Opinion












[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 96-1795

UNITED STATES,

Appellee,

v.

RONY E. ORELLANA,

Defendant, Appellant.

____________________


APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Francis J. Boyle, Senior U.S. District Judge] __________________________

____________________

Before

Torruella, Chief Judge, ___________
Selya and Stahl, Circuit Judges. ______________

____________________

Rony E. Orellana on brief pro se. ________________
Sheldon Whitehouse, United States Attorney, and Stephanie S. ___________________ _____________
Browne, Assistant United States Attorney, on brief for appellee. ______

____________________

NOVEMBER 14, 1996
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Per Curiam. Having read carefully the record in this __________

case, including the briefs of the parties, we affirm the

denial of appellant Orellana's motion for return of seized

property.

Orellana's sole claim argued on appeal is that the

administrative forfeiture of money seized from him at the

time of his arrest violated due process because he did not

receive adequate prior notice of the intended forfeiture.

However, the record indicates that prior notice was sent by

first class mail to the detention center in which Orellana

was at the time incarcerated. Generally, notice sent by

ordinary mail to an address at which the intended recipient

resides is sufficient to meet the requirements of the due

process clause. See Weigner v. City of New York, 852 F.2d ___ _______ ________________

646 (2d Cir. 1988), cert. denied, 488 U.S. 1005 (1989). _____ ______

"[T]he proper inquiry is whether the [government] acted

reasonably in selecting the means likely to inform persons

affected, not whether each property owner actually received

notice." Id. at 649; see also United States v. Giraldo, 45 __ ___ ____ _____________ _______

F.3d 509, 511 (1st Cir. 1995). Contrary to Orellana's

suggestion, notice by certified mail is not required.

Weigner, 852 F.2d at 650-51. Furthermore, Orellana made no _______

clear claim below that he did not receive actual notice of

the intended forfeiture and no allegation at all that the

government was aware that the notice had not been received.



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In these circumstances, we see no error in the denial of

Orellana's motion for return of his seized property.

Affirmed. ________















































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Reference

Status
Published