United States v. One 1974 Cadillac Eldorado, 74 Civ. 4508.
| Decision Date | 30 December 1975 |
| Docket Number | No. 74 Civ. 4508.,74 Civ. 4508. |
| Citation | 407 F. Supp. 1115 |
| Parties | UNITED STATES of America, Plaintiff, v. ONE 1974 CADILLAC ELDORADO SEDAN, SERIAL NO. 6L47S4Q407966, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Thomas J. Cahill, U. S. Atty., S.D. N.Y., New York City, for plaintiff; Peter C. Salerno, Asst. U. S. Atty., of counsel.
Michael P. Direnzo, New York City, for claimant.
The government seized and seeks forfeiture of a Cadillac car pursuant to 21 U.S.C., section 881(a), which provides:
The owner of the seized car is Ivan Santiago, the claimant herein. On June 7, 1974, he drove the vehicle, in which also was seated Hiram "Pete" Montanez, to 305 East 24th Street, New York City, where one Arlene Carlton resided. They left the car and entered the apartment, where Santiago and Montanez discussed with Joseph P. Salvemini, an undercover agent, a sale of cocaine. They failed to agree on the mechanics of the proposed transaction and their negotiations terminated inconclusively. Both Santiago and Montanez then left the area by the Cadillac car. Three days later, on June 10, Montanez alone met with Salvemini at a restaurant at Broadway and 92nd Street, New York City, where they agreed upon a sale of one-eighth kilogram of cocaine for $4,000, and later that evening Montanez delivered the cocaine to Salvemini at the Carlton apartment. Santiago was not present on June 10 on either occasion, that is, when the sale of the one-eighth kilogram was negotiated or when it was delivered. The evidence does not establish that the Cadillac car transported Montanez to the place of negotiation or the place of delivery on June 10.
On June 11, 1974, Montanez and Salvemini again met at the restaurant at Broadway and 92nd Street, New York City, whereupon Montanez agreed to sell to the undercover agent a kilogram of cocaine. Santiago was not present. That evening, after leaving Santiago's apartment and while driving a car (not the Cadillac car here at issue) to meet Salvemini to consummate the sale of the kilogram of cocaine negotiated earlier that day, Montanez was arrested and the cocaine was found in the car he was driving. Later that evening Santiago was arrested. The following day, pursuant to a search warrant, his apartment was searched and a quantity of cocaine, marijuana, narcotics equipment and $26,629 in currency were confiscated. Later that day, June 12, 1974, Santiago's Cadillac car was seized. The sole reason for its seizure was its use five days earlier to transport Santiago and Montanez to the East 24th Street premises where the meeting had been held and the negotiations for the initial sale of cocaine had ended inconclusively.
Santiago was indicted, together with Montanez and Carlton, charged with conspiracy to distribute narcotics. Santiago pleaded guilty and acknowledged that he and others met at the Carlton apartment on June 7, 1974, and there negotiated for the sale of cocaine that...
To continue reading
Request your trial
-
US v. One (1) Liberian Refrigerator Vessel
...or tangentially involved. United States v. One 1971 Chevrolet Corvette, 496 F.2d 210 (5th Cir. 1974); United States v. One 1974 Cadillac Eldorado, 407 F.Supp. 1115 (S.D.N. Y.1975), rev. 548 F.2d 421 (2 Cir. 1977); United States v. One 1972 Datsun, supra. In all three instances, the courts f......
-
U.S. v. One 1974 Cadillac Eldorado Sedan, Serial No. 6L47S4Q407966
...and denied forfeiture by order and judgment entered March 4, 1976. Judge Weinfeld's opinion, filed on December 30, 1975, is reported at 407 F.Supp. 1115. The Government has The only evidence given below for the Government was the testimony of Joseph P. Salvemini, an undercover agent of the ......
-
United States v. ONE 1975 MERCURY MONARCH, ETC., 75 Civ. 4857-CSH.
...for the purpose of the Government's petition for forfeiture in this case," 378 F.Supp. at 1206.2 In United States v. One 1974 Cadillac Eldorado, 407 F.Supp. 1115 (S.D.N.Y.1975), Judge Weinfeld of this Court expressed his agreement with the conclusion reached in United States v. One 1972 Dat......
-
State and Federal Forfeiture of Property Used in Criminal Activity
...1928). 39. U.S. v. One 1972 Datsun, Vehicle I.D. No. LB1100355950, 378 F.Supp. 1200 (D.N.H. 1974); U.S. v. One 1974 Cadillac Eldorado, 407 F.Supp. 1115 (W.D.N.Y. 1975); U.S. v. One 1971 Chevrolet Corvette Automobile, 496 F.2d 210 (5th Cir. 1974); Platt v. United States, 163 F.2d 165 (10th C......