United States V. Certain Real Property 566 Hendrickson Boulevard

KENNEDY, Circuit Judge. Claimant-defendant Leonard Willis ("claimant") appeals the order of the District Court granting the government's motion for summary judgment and directing forfeiture, pursuant to 21 U.S.C. § 881(a)(7), of certain real property being used to facilitate the manufacture and distribution of controlled substances. On appeal, Willis argues that the forfeiture order must be reversed because (1) the District Court lacked jurisdiction to adjudicate the forfeiture proceeding; (2) the grant of summary judgment to the government violated his rights to due process and equal protection as well as his Fifth Amendment right against self-incrimination; and (3) the District Court erred in ruling that Eighth Amendment principles of proportionality have no place in civil forfeiture proceedings. For the reasons that follow, we affirm.