Legal Opinion

United States v. Viloski

Court of Appeals for the Second Circuit

Decided February 17, 2016No. 14-4176-crPublishedCited by 50 opinions

1Opinion of the Court

JOSÉ A. CABRANES, Circuit Judge:

The question presented is whether the criminal forfeiture imposed on defendant-appellant Benjamin Viloski (“Viloski”) violates the Excessive Fines Clause of the Eighth Amendment. Viloski argues that the United States District Court for the Northern District of New York (David N. Hurd, Judge) erred when it declined to consider Viloski’s age, health, and financial condition in determining whether its previously issued forfeiture order of $1,273,285.50 was unconstitutionally excessive. Viloski also argues that even if the District Court properly ignored his…

2Cases cited37 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Solem v. HelmSupreme Court of the United States · 1983
  3. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  4. Puckett v. United StatesSupreme Court of the United States · 2009
  5. District of Columbia v. HellerSupreme Court of the United States · 2008

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3Cited by50 opinions

  1. Michele Yates v. Pinellas Hematology & Oncology, P.A.Court of Appeals for the Eleventh Circuit · 2021
  2. Commonwealth v. 1997 Chevrolet & Contents Seized From YoungSupreme Court of Pennsylvania · 2017
  3. Dubin v. County of NassauDistrict Court, E.D. New York · 2017
  4. Reese v. Triborough Bridge and Tunnel AuthorityCourt of Appeals for the Second Circuit · 2024
  5. Susan Grashoff v. David J. AdamsCourt of Appeals for the Seventh Circuit · 2023

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