Legal Opinion
Barbara Pacheco, United States of America v. John Serendensky, A/K/A John Vitolano, Joseph Foti & Guy Foti
Court of Appeals for the Second Circuit
Decided December 29, 2004No. 03-6164PublishedCited by 66 opinions
1Opinion of the Court
MESKILL, Circuit Judge.
This appeal requires us to determine the extent of the government’s interest in real property forfeited to it by a criminal defendant. In particular, our question is whether, with respect to real property, the use of the term “property” in the criminal forfeiture statute, 21 U.S.C. § 853, refers to a parcel of land or to the defendant’s interest in that land, where the two are not the same. Because we conclude that a criminal defendant can only be made to forfeit what was his in the first place, we adopt the latter interpretation.
BACKGROUND
John' Serendensky, the…
2Cases cited31 opinions
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Leatherman v. Tarrant County Narcotics Intelligence and Coordination UnitSupreme Court of the United States · 1993
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
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3Cited by66 opinions
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- United States v. MarionCourt of Appeals for the Eleventh Circuit · 2009
- Tufamerica, Inc. v. DiamondDistrict Court, S.D. New York · 2013
- Fed. Ins. Co. v. United States, United States v. MazerCourt of Appeals for the Second Circuit · 2018
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