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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND UNITED STATES OF AMERICA, Plaintiff, v. ONE 1995 GRADY WHITE 22' BOAT AND ONE LOAD RITE TRAILER and 5 JENKINS ROAD, CHESAPEAKE, MD. Defendants. : : : : : : : : : : : :

CIVIL NO. L-02-3697 CIVIL NO. L-04-2479

MEMORANDUM The United States brings two forfeiture actions. The first is against 5 Jenkins Road, Chesapeake, Maryland ("residence"). The second is against One 1995 Grady White 22' Boat and One Load Rite Trailer ("boat and trailer"). The owner of the residence, boat, and trailer, Wayne M. Byerly, filed claims to the property.1 The government moved for summary judgment in each case. For the reasons stated herein, the Court will, by separate order, consolidate the actions and enter judgment for the government in both. I. Introduction Byerly pled guilty in Maryland State court to possession with intent to distribute a large quantity of marijuana. Although Byerly was never indicted federally, the United States brought the instant forfeiture actions against Byerly's residence (Civil No. 02-3697), as well as a 22 foot Grady White motor boat and trailer (Civil No. 04-2479). By statute, the federal government may

Byerly shared the residence with his wife, Lois Byerly. Nevertheless, Mrs. Byerly has not filed a claim to either the residence or the boat and trailer.

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seize and confiscate property used to facilitate the distribution of illegal drugs.2 Byerly used the boat and trailer to tend his illegal crop. Once harvested, Byerly would have processed and packaged the marijuana at his house, as he had done in the past. Byerly concedes that the property is subject to forfeiture. He opposes forfeiture on one ground only, namely that the seizure of so much property violates the Eighth Amendment's Excessive Fines Clause.3 This Court disagrees. A forfeiture violates the Eighth Amendment only when it is "grossly disproportional" to the offense.4 When he was arrested, Byerly was growing 111 marijuana plants that, when harvested, would have yielded approximately 222 pounds of marijuana valued at $532,800.5 Under the Sentencing Guidelines, the base penalty for growing this quantity of marijuana is between 63 and 150 months imprisonment6 and a fine up to $2 million.7

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See 21 U.S.C.

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Maryland Law