464 F. App'x 382
5th Cir.2012Background
- Salgados were found to be carrying $78,882 at Houston airport and forfeited under 31 U.S.C. § 5317(c)(2).
- They filed a claim and answered; the U.S. moved for summary judgment and the district court granted it, entering a separate order for forfeiture.
- Salgados appealed on the theory that forfeiture of the entire amount violates the Eighth Amendment Excessive Fines Clause due to disproportionality.
- On appeal, the court reviews for plain error, requiring disproportionality to be shown under a standard burden of proof.
- The court found Bajakajian inapplicable for this factual context and held Salgados failed to prove gross disproportionality; the district court’s forfeiture was not plainly erroneous, so the judgment is affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proportionality under Excessive Fines Clause | Salgados: forfeiture disproportional to offense (reporting omission) | U.S.: amount not disproportionate; Bajakajian inapplicable here | Not disproportional; district court not plainly erred |
| Proper standard of review for forfeiture appeal | Salgaods rely on Bajakajian | Court uses plain error and proportionality | Plain error review applied; standard satisfied for upholding forfeiture |
Key Cases Cited
- United States v. Bajakajian, 524 U.S. 321 (U.S. 1998) (excessive-fines proportionality principle for forfeitures)
- United States v. Olano, 507 U.S. 725 (U.S. 1993) (plain-error standard of review)
- Douglass v. U.S. Auto. Ass'n, 79 F.3d 1415 (5th Cir. 1996) (plain-error standard application in appeals)