Legal Opinion
Marcial L. Chairez v. United States
Court of Appeals for the Seventh Circuit
Decided January 27, 2004No. 02-3169PublishedCited by 21 opinions
1Opinion of the Court
MANION, Circuit Judge.
In October 2000 Marcial Chairez was convicted of distributing cocaine, 21 U.S.C. § 841(a)(1), and carrying a firearm during and in relation to a drug trafficking crime, 18 U.S.C. § 924(c)(1)(A). In August 2002 Chairez filed a post-conviction motion, ostensibly under Fed.R.Crim.P. 41(g) (formerly Rule 41(e)), seeking the return of money that was seized by Drug Enforcement Agency (“DÉA”) agents and later forfeited administratively to the United States. The district court correctly construed the motion as initiating a civil proceeding, see United States v. Duke, 229 F.3d…
2Cases cited6 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
- Dusenbery v. United StatesSupreme Court of the United States · 2002
- Hess v. PawloskiSupreme Court of the United States · 1927
- United States v. Booker T. DukeCourt of Appeals for the Seventh Circuit · 2000
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Rufus SimsCourt of Appeals for the Seventh Circuit · 2004
- United States v. ShaabanCourt of Appeals for the Seventh Circuit · 2010
- Kym Lobzun v. United StatesCourt of Appeals for the Seventh Circuit · 2005
- City of Concord v. RobinsonDistrict Court, M.D. North Carolina · 2012
- James Nunley v. Dept. of JusticeCourt of Appeals for the Eighth Circuit · 2005
16 more not listed; retrieve them via the Exa API.