U.S. Court of Appeals for the First Circuit, 2003

United States v. One Parcel of Land

United States v. One Parcel of Land
U.S. Court of Appeals for the First Circuit · Decided July 16, 2003 · Boudin, Campbell, Lipez, Per Curiam
69 F. App'x 1

United States v. One Parcel of Land

Opinion

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 (1st 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).

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