Background
Osvaldo Calderin-Pascual pleaded guilty to federal conspiracy charges and agreed to forfeit his interest in a boat. His brother, David Calderin-Pascual, filed a petition claiming he was the sole owner of the boat and requested a hearing to contest the forfeiture. The district court dismissed the petition without a hearing, and David appealed.
The court’s reasoning
The court held that the petition failed to state a plausible claim because it did not allege when David acquired the boat, only that he owned it at the time of seizure. Additionally, the supporting documents were in Spanish and untranslatable, so the court could not consider them. The court also found that the district court erred by not addressing David’s alternative request to amend his petition, as the record did not disclose the basis for that denial.
What it means going forward
The forfeiture proceedings regarding the boat are paused. The district court must reconsider the claimant’s petition and specifically address whether to allow him to amend his filing to include the required details about the timing of his ownership.