Legal Opinion
United States v. Dodge Caravan Grand Se/sport Van, Vin 1b4gp44g2yb7884560 Erin Clemons, Claimant-Appellant
Court of Appeals for the Eighth Circuit
Decided October 27, 2004No. 03-1925PublishedCited by 41 opinions
1Opinion of the Court
MELLOY, Circuit Judge.
The claimant-appellant, Erin Clemons, appeals the district court’s order of forfeiture of her 2000 Dodge Caravan Sport SE, which followed her guilty plea in state court to “possession of a controlled substance by theft, misrepresentation, fraud, forgery, deception, or subterfuge.” See Neb.Rev.Stat. § 28 — 418(l)(c). She argues that the forfeiture order is unconstitutionally excessive. For the reasons stated below, we reverse and remand.
I
The district court ordered.forfeiture of Ms. Clemons’s minivan at the conclusion of a non-jury trial. The trial was based on the…
2Cases cited19 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Austin v. United StatesSupreme Court of the United States · 1993
- Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal.Supreme Court of the United States · 1993
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- United States v. BajakajianSupreme Court of the United States · 1998
14 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Mills v. City of Grand ForksCourt of Appeals for the Eighth Circuit · 2010
- United States v. ViloskiCourt of Appeals for the Second Circuit · 2016
- United States v. Van NguyenCourt of Appeals for the Eighth Circuit · 2010
- United States v. Real Property Located at 3234 Washington Avenue North, Minneapolis, Minnesota, Minnesota Church of Angels, Claimant-AppellantCourt of Appeals for the Eighth Circuit · 2007
- United States v. Adekunle Olufemi AdetiloyeCourt of Appeals for the Eighth Circuit · 2013
36 more not listed; retrieve them via the Exa API.