Dusenbery v. United States, 534 U.S. 161, 10 (2002)

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170

DUSENBERY v. UNITED STATES

Opinion of the Court

For this proposition he cites Mennonite Bd. of Missions, 462 U. S., at 796-797. But the only sentence in Mennonite arguably supporting petitioner's view appears in a footnote. That sentence reads: "Our cases have required the State to make efforts to provide actual notice to all interested parties comparable to the efforts that were previously required only in in personam actions." Id., at 797, n. 3. It does not say that the State must provide actual notice, but that it must attempt to provide actual notice. Since Mennonite concluded that mailed notice of a pending tax sale to a mortgagee of record was constitutionally sufficient, id., at 799, the sentence is at best inconclusive dicta for the view petitioner espouses.

We note that none of our cases cited by either party has required actual notice in proceedings such as this. Instead, we have allowed the Government to defend the "reasonableness and hence the constitutional validity of any chosen method . . . on the ground that it is in itself reasonably certain to inform those affected." Mullane, 339 U. S., at 315.

Petitioner argues that because he was housed in a federal prison at the time of the forfeiture, the FBI could have made arrangements with the BOP to assure the delivery of the notice in question to him. Brief for Petitioner 17. But it is hard to see why such a principle would not also apply, for example, to members of the Armed Forces both in this country and overseas. Undoubtedly the Government could make a special effort in any case ( just as it did in the movie "Saving Private Ryan") to assure that a particular piece of mail reaches a particular individual who is in one way or another in the custody of the Government. It could, for example, have allowed petitioner to make an escorted visit to the post office himself in order to sign for his letter. But the Due Process Clause does not require such heroic efforts by the Government; it requires only that the Government's effort be "reasonably calculated" to apprise a party of the pendency of the action; " '[t]he criterion is not the possibility of conceiv-

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