This section contains the nature of the case and procedural background.

Smith was a great grandmother, and two of her six daughters lived with her. Juanita Smith, a daughter, had a prior conviction for possession of narcotics and was a reformed heroin addict. Juanita and her four small children live with Smith as well as two children of the children. Sylvia, a daughter, lives with Smith and six other of her minor children. In addition, Smith has custody of three other grandchildren. All of these 18 people depend on public assistance for survival; most are minor children. The monthly rent of $153 is paid directly to the welfare department. Except for some income from drug sales, there is no other evidence of sources of funds. All of the family residents of apartment 1-C were well behaved, properly groomed, and neatly dressed while they were in the courtroom. The issue before the court was to evict this family from their home because Chenelle Smith, a granddaughter sold drugs to an undercover police officer. During the search of the premises, a substantial amount of drugs was found such that the apartment was used to store drugs and that there had been some packaging of the end product at that location. The facts established by the court about the condition and life of this family were terribly heart wrenching and saddening. The issue before the court was enforcement of 21. U.S.C. Section 881 (1988) calling for forfeiture of the apartment for the drug dealing violations.

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