IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-50470 Summary Calendar

UNITED STATES OF AMERICA,

Petitioner-Appellee,

versus

REAL PROPERTY LOCATED AT 2801 DOUG FORD, EL PASO, TEXAS WITH ALL APPURTENANCES AND IMPROVEMENTS THEREON,

Respondent,

JOSE LUIS SAMANIEGO,

Claimant-Appellant.

Appeal from the United States District Court for the Western District of Texas (USDC No. EP-99-CV-246) _______________________________________________________ January 23, 2001

Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.

PER CURIAM:*

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Claimant-appellant Jose Luis Samaniego appeals the district court’s order

entering summary judgment for the United States of America in this forfeiture suit.

Samaniego argues that the district court erred in refusing to apply the “substantial

connection” test to forfeitures under

(a)(7). Samaniego admitted

that the property was used in commission of the drug offense. Whether we look for

a substantial connection or a facilitation between the property and the offense, the

property was subject to forfeiture as the district court ruled.

Affirmed.

2