Legal Opinion
United States v. One Single Family Residence With Out Buildings Located at 15621 S.W. 209th Avenue
Court of Appeals for the Eleventh Circuit
Decided March 1, 1990No. 88-5861PublishedCited by 81 opinions
1Opinion of the Court
FAY, Circuit Judge:
This case presents a question of first impression in our circuit: when the United States seeks forfeiture under 21 U.S.C. section 881(a)(7) of real property used by its owner to facilitate a controlled substance transaction, and the property is held by the entireties with an innocent spouse whose interest Congress has expressly exempted from forfeiture, what becomes forfeitable under the statute? Because we see no way for the government to obtain a meaningful share in an entireties property without forfeiting some part of the innocent spouse's interest, as long as the…
2Cases cited36 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
- Maryland v. LouisianaSupreme Court of the United States · 1981
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
31 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- United States v. Swiss American Bank, Ltd.Court of Appeals for the First Circuit · 1999
- United States v. Certain Real Property Located at 2525 Leroy Lane, West Bloomfield, Michigan, and Leah Liza MarksCourt of Appeals for the Sixth Circuit · 1990
- Stuart J. McGregor Receiver-Appellee, United States Federal Trade Commission v. Teri Chierico, Michael Chierico, William Bethell, United States Federal Trade Commission v. Teri Chierico, Michael Chierico, American Business Supplies, United States Federal Trade Commission v. Michael Chierico, American Business Supplies, Inc., Creative Business Consultants, Inc.Court of Appeals for the Eleventh Circuit · 2000
- United States v. One 1973 Rolls RoyceCourt of Appeals for the Third Circuit · 1995
- United States v. Lot 5, Fox Grove, Alachua County, FloridaCourt of Appeals for the Eleventh Circuit · 1994
76 more not listed; retrieve them via the Exa API.