United States v. Peter Monsanto
Court of Appeals for the Second Circuit
1Opinion of the Court
MAHONEY, Circuit Judge, with whom FEINBERG, MESKILL, JON 0. NEWMAN, KEARSE, GEORGE C. PRATT, and McLAUGHLIN, Circuit Judges, join:
This case comes to us on remand from the Supreme Court of the United States. We decide two issues under a provision added by the Comprehensive Forfeiture Act of 1984 (the “CFA”), 21 U.S.C. § 853 (1988):1 (1) whether the fifth and sixth amendments, considered in combination, require an adversary post-restraint, pretrial hearing in order to continue a restraint ordered ex parte, pursuant to section 853(e)(1)(A), of assets needed to retain counsel of choice; and (2)…
Also in this document: Concurring in part, dissenting in part.
2Cases cited55 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Goldberg v. KellySupreme Court of the United States · 1970
- Baker v. McCollanSupreme Court of the United States · 1979
- United States v. SalernoSupreme Court of the United States · 1987
50 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Kaley v. United StatesSupreme Court of the United States · 2014
- Spinelli v. City of New YorkCourt of Appeals for the Second Circuit · 2009
- United States v. KaleyCourt of Appeals for the Eleventh Circuit · 2009
- Department of Law Enf. v. Real PropertySupreme Court of Florida · 1991
- Kopp v. Fair Political Practices CommissionCalifornia Supreme Court · 1995
87 more not listed; retrieve them via the Exa API.