4. The parties will brief the issue regarding the eighth
amendment excessive fine clause argument according to the
schedule set by the Court. The United States of America, by and through its attorneys,
Carol C. Lam, United States Attorney, and Garry G. Haehnle,
Special Assistant U.S. Attorney, and claimants Martha Rivera and
Miguel Rivera, owners of record of the residential property
located at 456 E. El Norte Parkway, Escondido, California, and
Merle N. Schneidewind, attorney of record for claimant, Martha
Rivera and Donovan J. Dunnion, attorney of record for claimant,
Miguel Rivera, stipulate as follows: 1. That the claimants stipulate that the above-captioned
defendant property, located at 456 E. El Norte Parkway,
Escondido, California, and All Improvements and Appurtenances
Affixed Thereto described as:
That portion of lot 4 of Hillsdale Terrace unit No.
1, in the city of Escondido, County of San Diego,
State of California, according to map thereof No.
2607, filed in the office of the county recorder of
San Diego County, December 21, 1949, lying
southeasterly of a line described as follows:
Beginning at the midpoint in the southwesterly line
of said lot 4; thence north 69 degrees 41' east
parallel with the northwesterly line of said lot,
128.0 feet to the northeasterly line of said lot. San
Diego County Assessor's Parcel Number 227-040-32-00.
is subject to forfeiture in all or in part pursuant to Title 21,
U.S.C., Section 881 (a) (7) as property facilitating narcotics
transactions. Claimants' contend that the forfeiture of the
property in its entirety is violative of the excessive fine
clause under the Eighth Amendment and as part of this stipulation
agree Claimants reserve for the Court's determination what, if
any, relief Claimants are entitled to on the issue of
disproportionality.