United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir. 1982). · Go Syfert
United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir. 1982). Cases Citing This Book View Copy Cite
66 citation events (3 in the last 25 years) across 24 distinct courts.
Strongest positive: Riley v. 1987 Station Wagon, Vin: 1JCMT7840HTI07485 (minn, 2002-08-29)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (rule) Riley v. 1987 Station Wagon, Vin: 1JCMT7840HTI07485
Minn. · 2002 · confidence medium
See, e.g., United States v. 1990 Toyota 4Runner, 9 F.3d 651, 652-54 (7th Cir.1993); United States v.1964 Beechcraft Baron Aircraft, TC-740, FAA Reg., No. N444CP, Actual No. N914C, 691 F.2d 725, 728 (5th Cir.1982) (per curiam); United States v. One 1974 Cadillac Eldorado Sedan, Serial No. 6L47S4Q407966, 548 F.2d 421, 422-27 (2d Cir.1977).
discussed Cited as authority (rule) People v. $1,124,905 (2×) also: Cited "see"
Ill. · 1997 · confidence medium
See, e.g. , United States v. One 1974 Cadillac Eldorado Sedan , 548 F.2d 421, 423 (2d Cir. 1977); 1964 Beechraft Baron Aircraft , 691 F.2d at 727; United States v. One 1984 Cadillac , 888 F.2d 1133, 1135-36 (6th Cir. 1989); United States v. One Parcel of Real Estate Commonly Known as 916 Douglas Avenue, Elgin, Illinois , 903 F.2d 490, 494 (7th Cir. 1990); but see United States v. Parcel of Land & Residence at 28 Emery Street, Merrimac, Massachusetts , 914 F.2d 1, 3 (1st Cir. 1990) (noting that the first circuit requires a substantial connection for the forfeiture of real property and conveyanc…
examined Cited as authority (rule) People v. $1,124,905 U.S. Currency (4×) also: Cited "see"
Ill. · 1997 · confidence medium
See, e.g., United States v. $95,945.18, United States Currency, 913 F.2d 1106, 1110 (4th Cir.1990); United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 727 (5th Cir.1982); United States v. $67,220 in United States Currency, 957 F.2d 280, 284 (6th Cir.1992); United States v. $121,100 in United States Currency, 999 F.2d 1503, 1506 (11th Cir.1993).
discussed Cited as authority (rule) United States v. One 1986 Ford Pickup, CA License No. 2W03753, VIN 2FTJW36L6GCA99688
9th Cir. · 1995 · confidence medium
Cases requiring a lesser degree of connection include United States v. 1990 Toyota 4Runner, 9 F.3d 651, 653-54 (7th Cir.1993); United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 727 (5th Cir.1982) (per curiam). . "[T]he courts may take into account ‘common experience considerations' to acknowledge recognized drug-smuggling practices.” $5,644,-540.00 in U.S. Currency, 799 F.2d at 1363 (citation omitted).
discussed Cited as authority (rule) United States v. One 1986 Ford Pickup
9th Cir. · 1995 · confidence medium
Cases requiring a lesser degree of connection include United States v. 1990 Toyota 4Runner, 9 F.3d 651, 653-54 (7th Cir.1993); United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 727 (5th Cir.1982) (per curiam) 9 "[T]he courts may take into account 'common experience considerations' to acknowledge recognized drug-smuggling practices." $5,644,540.00 in U.S. Currency, 799 F.2d at 1363 (citation omitted).
discussed Cited as authority (rule) United States v. Forfeiture, Stop Six Center
N.D. Tex. · 1991 · confidence medium
Rather, “a section 881 forfeiture is proper if the vehicle in question ‘was used in any manner to *1205 facilitate the sale or transportation of a controlled substance.’ ” Id. at 1304 (citing 1964 Beechcraft Baron Aircraft, 691 F.2d at 727). 1964 Beechcraft Baron Aircraft and One 1978 Mercedes Benz are the sole Fifth Circuit authority for rejecting the substantial connection test in § 881(a)(4) forfeitures. 1964 Beechcraft Baron Aircraft is also the lone authority for the district court’s analysis of § 881(a)(7) in 14-89 Acres of Land.
cited Cited as authority (rule) United States v. 8848 South Commercial St., Chicago, Ill.
N.D. Ill. · 1990 · confidence medium
E.g., United States v. 1964 Beechcraft Baron Aircraft, TC 740, 691 F.2d 725, 728 (5th Cir.1982), cert. denied sub nom.
cited Cited as authority (rule) United States v. Premises Described as Route 2, Box 61-C
W.D. Ark. · 1990 · confidence medium
United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 728 (5th Cir.1982); United States v. One 1974 Porsche 911-S Vehicle, 682 F.2d 283 (1st Cir.1982).
discussed Cited as authority (rule) United States v. One 1984 Cadillac
6th Cir. · 1989 · confidence medium
In United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 727 (5th Cir.1982) (per curiam), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983), the court held that the “substantial connection” standard was applicable only to subsection (a)(6), which was added in 1978.
cited Cited as authority (rule) United States v. One Parcel of Real Estate Consisting of Approximately 4,657 Acres
S.D. Fla. · 1989 · confidence medium
United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 728 (5th Cir.1982); One 1977 36 Foot Cigarette Ocean Racer, 624 F.Supp. at 295 . 6 .
discussed Cited as authority (rule) Allen v. Tucker
E.D. Mo. · 1989 · confidence medium
United States v. One 1986 Mercedes Benz, 846 F.2d 2 , 4 (2d Cir.1988); United States v. 1964 Beechcraft Baron, 691 F.2d 725, 727 (5th Cir.1982); United States v. $83,320 U.S. Currency, 682 F.2d 573, 577 (6th Cir. 1982); Banneker Drive, 691 F.Supp. at 499 .
discussed Cited as authority (rule) United States v. $150,000 in Currency
E.D. Va. · 1988 · confidence medium
The existence of probable cause is a predicate issue for the Court, and hearsay evidence is routinely admissible on this issue. 19 U.S.C. § 1615 ; see also, e.g., United States v. Single Family Residence and Real Property, 803 F.2d 625 , 629 n. 2 (11th Cir.1986); United States v. 1982 Yukon Delta Houseboat, 774 F.2d 1432, 1434 (9th Cir.1985); United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 728 (5th Cir.1982), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983).
discussed Cited as authority (rule) United States v. One 1986 Mercedes Benz, Vin WDBEA30D2GA143459
S.D.N.Y. · 1987 · confidence medium
Accord United States v. One 56-foot Motor Yacht Named the Tahuna, 702 F.2d 1276, 1283 (9th Cir.1983); United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 728 (5th Cir.1982), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983); United States v. One 1974 Porsche 911-S, 682 F.2d 283, 286 (1st Cir.1982).
discussed Cited as authority (rule) United States v. $39,000 in Canadian Currency
10th Cir. · 1986 · confidence medium
Compare United States v. One 1976 Ford F-150 Pick-Up, 769 F.2d 525, 527 (8th Cir.1985) (per curiam) (truck not proved to have facilitated possession of marijuana under § 881(a)(4) where claimant only once observed using it to inspect marijuana crop, no marijuana found in it, and therefore it was not shown to be "integral part" of drug operation); United States v. One 1972 Chevrolet Corvette, 625 F.2d 1026, 1028-30 (1st Cir.1980) (use of car to transport owner to prearranged meeting to collect money due from others’ prior drug deals did not constitute "facilitation" of sale within meaning of…
discussed Cited as authority (rule) United States Court of Appeals, Tenth Circuit
10th Cir. · 1986 · confidence medium
Compare United States v. One 1976 Ford F-150 Pick-Up, 769 F.2d 525, 527 (8th Cir.1985) (per curiam) (truck not proved to have facilitated possession of marijuana under Sec. 881(a)(4) where claimant only once observed using it to inspect marijuana crop, no marijuana found in it, and therefore it was not shown to be "integral part" of drug operation); United States v. One 1972 Chevrolet Corvette, 625 F.2d 1026, 1028-30 (1st Cir.1980) (use of car to transport owner to prearranged meeting to collect money due from others' prior drug deals did not constitute "facilitation" of sale within meaning of…
discussed Cited as authority (rule) United States v. One 1977 36 Foot Cigarette Ocean Racer, Florida Registration FL9350CT
S.D. Fla. · 1985 · confidence medium
See, e.g., Bush v. United States, 389 F.2d 485 (5th Cir. 1968); United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 728 (5th Cir.1982); United States v. One 1974 Porsche 911-S Vehicle, 682 F.2d 283 (1st Cir.1982).
discussed Cited as authority (rule) United States v. One 1978 Mercedes Benz, Four-Door Sedan, Vin: 116-036-12-004084, Joseph S. And Patricia Chagra, Claimants-Appellants. United States of America v. One 1978 Mercedes Benz, Four-Door Sedan, Vin: 116-036-12-004084, Joseph S. And Patricia Chagra, Claimants-Appellees
5th Cir. · 1983 · confidence medium
This circuit has rejected the "substantial connection" test finding that a section 881 forfeiture is proper if the vehicle in question "was used 'in any manner' to facilitate the sale or transportation of a controlled substance ...." United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 727 (5th Cir.1982), cert. denied, --- U.S. ----, 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983). 31 Forfeiture does not require evidence of guilt beyond reasonable doubt, but only probable cause which is a reasonable ground for belief of guilt supported by less than prima facie proof so long as it is more than…
discussed Cited as authority (rule) United States v. One 1978 Mercedes Benz, Four-Door Sedan
5th Cir. · 1983 · confidence medium
This circuit has rejected the “substantial connection” test finding that a section 881 forfeiture is proper if the vehicle in question “was used ‘in any manner’ to facilitate the sale or transportation of a controlled substance . ... ” United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 727 (5th Cir.1982), cert. denied, — U.S. —, 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983).
discussed Cited as authority (rule) United States v. Little Al, A/K/A Texas Ranger, Etc., Charles Thomas Pollard, Claimant-Appellant
5th Cir. · 1983 · confidence medium
It must establish only that reasonable grounds exist to believe that the vessels were used or intended to be used for prohibited purposes. 21 U.S.C.A. § 881 (b)(4) (West 1981); 2 See United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 727 (5th Cir.1982), cert. denied, - U.S. -, 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983).
discussed Cited "see" United States v. One Parcel of Real Estate
S.D. Fla. · 1994 · signal: see · confidence high
See, United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir.1982), cert. denied, 461 U.S. 914 [, 103 S.Ct. 1893 , 77 L.Ed.2d 283 ] (1983); United States v. One 1974 Cadillac Eldorado Sedan, 548 F.2d 421, 423 (2d Cir.1977).
discussed Cited "see" In re 1986 Chevrolet Corvette
Ariz. Ct. App. · 1992 · signal: see · confidence high
See United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir.1982), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983), and United States v. One 1974 Cadillac Eldorado Sedan, 548 F.2d 421 (2d Cir.1977).
discussed Cited "see" United States v. Real Property & Residence at 3097 S.W. 111th Avenue (2×)
11th Cir. · 1991 · signal: see · confidence high
See United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 727 (5th Cir.1982), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983).
discussed Cited "see" No. 88-6194 (2×)
11th Cir. · 1991 · signal: see · confidence high
See United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 727 (5th Cir.1982), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983).
examined Cited "see" United States v. One Parcel of Real Estate Commonly Known as 916 Douglas Avenue, Elgin, Illinois, Appeal of Paul F. Born, Iii, Claimant-Appellant (4×)
7th Cir. · 1990 · signal: see · confidence high
See United States v. Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir.1982), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983) 5 Several circuits have declined to require a "substantial connection" test for forfeiture under Sec. 881(a)(4), the provision from which the language in Sec. 881(a)(7) is drawn.
cited Cited "see" Matter of Kaster
Iowa · 1990 · signal: see · confidence high
See United States v. 1964 Beechcraft Barron Aircraft, 691 F.2d 725 , 728 (5th Cir.1982); United States v. One 1974 Cadillac Eldorado Sedan, 548 F.2d 421, 427 (2nd Cir. 1977).
cited Cited "see" In re Property Seized from Raster
Iowa · 1990 · signal: see · confidence high
See United States v. 1964 Beechcraft Barron Aircraft, 691 F.2d 725 , 728 (5th Cir.1982); United States v. One 1974 Cadillac Eldorado Sedan, 548 F.2d 421, 427 (2nd Cir.1977).
discussed Cited "see" United States v. Lot 4, Block 5 of the Eaton Acres
D. Or. · 1989 · signal: see · confidence high
See United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir.1982), ce rt. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983); United States v. One 1974 Cadillac Eldorado Sedan, 548 F.2d 421, 423 (2d Cir.1977). 657 F.Supp. at 1064 .
discussed Cited "see" No. 87-5298
6th Cir. · 1989 · signal: see · confidence high
See United States v. One 1964 Beechcraft Baron Aircraft, etc., 691 F.2d 725 (5th Cir.1982), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983) 2 If Mrs. Allen knew that the jointly owned property was being used by her husband for illegal drug purposes, we take it that her interest would be subject to forfeiture whether or not she had specific knowledge of the particular acts described in this opinion
cited Cited "see" United States v. Lots 12, 13, 14, & 15, Keeton Heights Subdivision
6th Cir. · 1989 · signal: see · confidence high
See United States v. One 1964 Beechcraft Baron Aircraft, etc., 691 F.2d 725 (5th Cir.1982), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983). .
discussed Cited "see" United States v. Property L. on Trafalgar St. in Aiken, Sc
D.S.C. · 1988 · signal: see · confidence high
See United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir.1982), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983); United States v. One 1974 Cadillac Eldorado Sedan, 548 F.2d 421, 423 (2d Cir.1977). 6 .
discussed Cited "see" United States v. 26.075 Acres, More or Less Located in Swift Creek Township
E.D.N.C. · 1988 · signal: see · confidence high
See United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir.1982), ce rt. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983); United States v. One 1974 Cadillac Eldorado Sedan, 548 F.2d 421, 423 (2d Cir.1977). * * * * * * In United States v. 1966 Beechcraft Aircraft Model King Air, 777 F.2d 947 (4th Cir.1985), a case not cited by any party, the Fourth Circuit considered whether a vehicle used to transport a drug conspirator to the scene of the crime was subject to forfeiture.
discussed Cited "see" United States v. Certain Lots in Virginia Beach
E.D. Va. · 1987 · signal: see · confidence high
See United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir.1982), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983); United States v. One 1974 Cadillac Eldorado Sedan, 548 F.2d 421, 423 (2d Cir.1977).
cited Cited "see, e.g." United States v. All Right, Title & Interest in Real Property & a Building Known as 16 Clinton Street
S.D.N.Y. · 1990 · signal: see also · confidence medium
See also United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725, 728 (5th Cir.1982) (per curiam), cert. denied, 461 U.S. 914 , 103 S.Ct. 1893 , 77 L.Ed.2d 283 (1983).
Retrieving the full opinion text from the archive…
United States
v.
1964 Beechcraft Baron Aircraft, Tc-740, Faa Reg., No. N444cp, Actual No. N914c, Its Tools, Equipment and Appurtenances, Charles M. Preston
81-1569.
Court of Appeals for the Fifth Circuit.
Nov 12, 1982.
691 F.2d 725
Cited by 7 opinions  |  Published

691 F.2d 725

11 Fed. R. Evid. Serv. 1522

UNITED STATES of America, Plaintiff-Appellee,
v.
1964 BEECHCRAFT BARON AIRCRAFT, TC-740, FAA REG., NO.
N444CP, ACTUAL NO. N914C, its tools, equipment and
appurtenances, Defendant,
Charles M. Preston, Appellant.

No. 81-1569

Summary Calendar.

United States Court of Appeals,
Fifth Circuit.

Nov. 12, 1982.

Michael P. Carnes, Dallas, Tex., for appellant.

Cheryl B. Wattley, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Texas.

Before CLARK, Chief Judge, RUBIN and JOHNSON, Circuit Judges.

PER CURIAM:

[*~725]1

Charles Preston appeals from the judgment of forfeiture against his 1964 Beechcraft Baron airplane. The district court found that probable cause existed to believe that the aircraft was used to transport a quantity of phenyl-2-propanone (P2P) for the intended purpose of manufacturing or producing amphetamines or methamphetamines. The aircraft was ordered forfeited pursuant to 21 U.S.C. § 881(a)(4). The appellant alleges that there was insufficient evidence to make a finding of probable cause and that certain investigative reports were entered in violation of Rule 803 of the Federal Rules of Evidence. We disagree and affirm the lower court.

2

Preston was the owner of a 1964 Beechcraft Baron aircraft. He was also apparently a friend of Richard Lee Sullivan. In January, 1978, Sullivan met with agents of the Drug Enforcement Agency who were investigating the manufacture of amphetamines and methamphetamines. During that meeting, Sullivan asked the agents for P2P, which is used to manufacture amphetamines and methamphetamines. Two weeks later, Sullivan met again with the agents in a bar in Clovis, New Mexico. It is here that Preston first entered the picture as Sullivan's consort. Preston drove Sullivan to this Clovis meeting in his jeep. Though Preston took no part in the negotiations between Sullivan and the agents, he also drove Sullivan back to Amarillo, Texas, after Sullivan had obtained 500 grams of P2P from the agents.

3

Preston reappeared with Sullivan in March when he flew Sullivan to Abilene in his Beechcraft Baron. There, Sullivan met two undercover agents who delivered to Sullivan a five-gallon can filled with P2P and an electronic device that emitted a signal that could be tracked. The agents testified at trial that they saw Sullivan take the five-gallon container to Preston's airplane. He walked behind the aircraft and then walked away from the plane empty-handed. The two men flew away from the airport shortly thereafter with Preston piloting the aircraft. Two agents waiting at the Amarillo airport testified that they saw Sullivan, container in hand, and Preston leave the aircraft.

4

Agents, using the signals from the device planted in the container, then traced it to Customized Services, a business in Amarillo owned by Preston. A later search of that facility failed to recover the container. Preston acknowledged that he destroyed the container and the P2P.

5

The United States government sought the forfeiture of Preston's aircraft under 21 U.S.C. § 881(a)(4). That section specifies that "all conveyances, including aircraft, vehicles, or vessels which are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale, receipt, possession or concealment" of all controlled substances or raw materials, products or equipment used or intended for use in the manufacture of any controlled substance may be forfeited to the government. The trial court found that probable cause existed to believe that the aircraft was used for the transportation of raw materials which were intended for use in the manufacture of a controlled substance.

6

Preston raises two issues on appeal: (1) that the trial court used an improper standard in determining whether probable cause existed and, when the proper standard is used, the evidence is insufficient to support the verdict; and (2) that several DEA reports were admitted into evidence in violation of the hearsay rule.

7

In bringing this forfeiture action, the government has the burden of establishing that probable cause exists to believe that the vehicle subject to forfeiture was used in the transportation of the raw materials intended for use in the manufacture of a controlled substance. Vance v. United States, 676 F.2d 183, 187 n.7 (5th Cir. 1982). The probable cause standard to be used in actions brought under § 881(a)(4) is whether there is "a reasonable ground for belief of guilt supported by less than prima facie proof but more than mere suspicion." United States v. One 1979 Mercury Cougar XR-7, 666 F.2d 228, 230 n.3 (5th Cir. 1982). A § 881 forfeiture is proper if the vehicle in question was used "in any manner" to facilitate the sale or transportation of a controlled substance or raw material used in the manufacture of a controlled substance. Id. at 230.

[*~726]8

Preston urges this court to adopt a stricter forfeiture standard-that there must be a "substantial connection" between the vehicle to be forfeited and the criminal activity. For this proposition, he cites United States v. $364,960.00 in United States Currency, 661 F.2d 319 (5th Cir. 1981), which interprets § 881(a)(6), a complementary provision to the one at issue here. Section 881(a)(6), which authorizes the government to bring forfeiture actions against money or other things of value negotiated in exchange for drugs, was added in 1978. Psychotropic Substances Act, Pub.L. No. 95-633, § 301(a)(1), 92 Stat. 3768 (1978). That amendment's legislative history uses the "substantial connection" language which the court correctly relied upon in United States v. $364,960.00 in United States Currency. However, that amendment's legislative history makes no mention of using the same test for other forfeiture actions and the legislative history of § 881 is devoid of any mention of a "substantial connection" test. H.Rep.No.1444, 91st Cong., 2d Sess., reprinted in 1970 U.S.Code Cong. & Ad.News 4566. Preston argues that both the money seized in $364,960 and the airplane in this case are "derivative contraband" and therefore should be treated similarly. But Preston can offer no persuasive proof that Congress intended to change the test to be used in the body of the forfeiture statute when it added Section 881(a)(6). Such an interpretation would be contrary to 1979 Mercury Cougar, supra, which allows forfeiture of vehicles which are used "in any manner" in the transportation or facilitation of transportation of controlled substances or their raw materials. That decision suggests a far more liberal standard than the one urged here by Preston. The "substantial connection" standard does not apply to § 881(a)(4).

9

Given that "use in any manner" to facilitate the sale or transportation of a controlled substance raw material is the proper test, it is clear that the government established at trial that probable cause existed to forfeit the airplane. The trial testimony and exhibits confirm that undercover agents gave a five-gallon container reportedly containing P2P to Sullivan. Sullivan walked to Preston's airplane with the can and then walked away without it. He was later seen with Preston in Amarillo walking from the airplane carrying that same container. The aircraft was used as a means of travelling to the meeting between Sullivan and the agents. At that meeting, Sullivan obtained the P2P necessary to manufacture the controlled substance. It was Preston's aircraft that allowed Sullivan to make his appointment and it was Preston's aircraft that carried the man and container back to Amarillo. Contrary to Preston's assertions, it is immaterial that the plane was never flown to Albuquerque (where the laboratory was located) or that amphetamines or methamphetamines were never transported in the plane. Viewing the evidence in the light most favorable to the government, we affirm the lower court's finding of probable cause. Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 469, 86 L.Ed. 680 (1942).

10

Preston's second contention is that ten exhibits were improperly admitted into evidence by the trial judge. Preston argues that the reports and documents admitted were inadmissible hearsay. Even if the documents do not fall within the hearsay exceptions in Rule 803(8) of the Federal Rules of Evidence, and we believe they do, the government in this case need only prove probable cause. Probable cause may be proved with hearsay evidence. Bush v. United States, 389 F.2d 485, 489 (5th Cir. 1968). The documents were properly admitted.

[*~727]11

AFFIRMED.