Legal Opinion

United States v. One Philco Television, Model L3804be

Court of Appeals for the Fifth Circuit

Decided May 18, 1971No. 27101_1PublishedCited by 2 opinions

1Per curiam

The question presented by this appeal is whether a statutory forfeiture proceeding brought pursuant to 26 U.S.C.A. § 7302 is constitutionally permissible after Marehetti v. United States, 1968, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889, and Grosso v. United States, 1968, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906. The Supreme Court answered this question negatively in United States v. United States Coin and Currency, 1971, 401 U.S. 715, 91 S.Ct. 1041, 28 L.Ed.2d 434, (opinion announced April 5, 1971). Accordingly, the judgment of the district court, 292 F.Supp. 35, is affirmed.

2Cases cited4 opinions

  1. Marchetti v. United StatesSupreme Court of the United States · 1968
  2. Grosso v. United StatesSupreme Court of the United States · 1968
  3. United States v. United States Coin & CurrencySupreme Court of the United States · 1971
  4. United States v. One Philco TelevisionDistrict Court, S.D. Texas · 1968

3Cited by2 opinions

  1. United States v. One Bally Sun Valley Pinball MacHineDistrict Court, W.D. Louisiana · 1972
  2. Benevolent & Protective Order of Elks Lodge 615 v. United StatesDistrict Court, D. Minnesota · 1972