Dusenbery v. United States, 534 U.S. 161, 6 (2002)

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166

DUSENBERY v. UNITED STATES

Opinion of the Court

procedure would have been for him to log the mail in, for petitioner's "Unit Team" to sign for it, and for it then to be given to petitioner. Id., at 51. But he said that a paper trail no longer existed because the Bureau of Prisons (BOP) had a policy of holding prison logbooks for only one year after they were closed.2 Id., at 51-52.

Both parties moved for summary judgment. The District Court ruled that the Government's sending of notice by certified mail to petitioner's place of incarceration satisfied his due process rights as to the cash. Case No. 5:95-CV-1872 (ND Ohio, Jan. 19, 1999). The Court of Appeals affirmed. 223 F. 3d 422 (CA6 2000). Citing Mullane v. Central Hanover Bank & Trust Co., 339 U. S. 306, 314 (1950), it held that the Government's notice of the cash forfeiture comported with due process even in the absence of proof that the mail actually reached petitioner. 223 F. 3d, at 424.

Because Courts of Appeals have reached differing conclusions about what the Due Process Clause requires of the United States when it seeks to provide notice to a federal inmate of its intention to forfeit property in which the inmate appears to have an interest,3 we granted certiorari to

2 In a letter received before argument, the Solicitor General advised us that the BOP now requires the retention of certified mail logbooks for 11 years in accordance with its implementation of Government record retention policies under the Federal Records Act of 1950, 44 U. S. C. § 2901 et seq. (1994 ed.).

3 See, e. g., Whiting v. United States, 231 F. 3d 70, 76 (CA1 2000) (due process satisfied by Government's sending certified letter to inmate at his prison facility absent proof that mail delivery was unreliable); Yeung Mung Weng v. United States, 137 F. 3d 709, 715 (CA2 1998) (mailed notice to custodial institution inadequate unless in fact delivered to the intended recipient); United States v. One Toshiba Color Television, 213 F. 3d 147, 155 (CA3 2000) (en banc) (Government bears burden of demonstrating the existence of procedures that are reasonably calculated to ensure that actual notice will be given); United States v. Minor, 228 F. 3d 352, 358 (CA4 2000) (endorsing One Toshiba Color Television, supra); United States v. Woodall, 12 F. 3d 791, 794-795 (CA8 1993) (requiring actual notice to defendant or his counsel of agency's intent to forfeit property); United States

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