United States v. Marolf
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge PRO; Concurrence by Judge RYMER.
PRO, United States District Judge:
Gary Marolf appeals the denial of his motion under Federal Rule of Criminal Procedure 41(e) for return of the 1981 AMAL/MANGO 23 dual-masted, 55-foot motor-sailboat “Asmara” or its monetary equivalent. See United States v. Marolf, 973 F.Supp. 1139 (C.D.Cal.1997). We affirm the district court’s conclusion that the administrative forfeiture was constitutionally defective because of lack of notice to Marolf, and therefore hold that the administrative forfeiture is void. Marolf is thus entitled to his property…
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